text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Security and Liberty Preservation 
  Act''.
  
  SEC. 2. FINDINGS.
  
      Congress makes the following findings:
              (1) The terrorist attacks of September 11, 2001, and the 
          continuing threat of further attacks, are an assault on the 
          safety and security of all Americans.
              (2) The threat of further acts of terrorism has 
          necessitated an expansion of the authority of government to 
          conduct surveillance and collect data.
              (3) While recognizing the need for additional security 
          measures, Americans remain deeply committed to the individual 
          dignity, liberty, and privacy rooted in United States history 
          and protected by the Constitution of the United States.
              (4) Different investigative technologies and methods can 
          achieve the same security goals in ways that have substantially 
          different impacts on individual rights.
              (5) The government should conduct investigations and 
          surveillance in a manner that fully addresses law enforcement 
          and national security needs in the manner that best preserves 
          the personal dignity, liberty, and privacy of individuals 
          within the United States.
  
  SEC. 3. ESTABLISHMENT OF COMMISSION.
  
      (a) Establishment.--There is established the Commission on 
  Enhancing Security and Preserving Freedom (in this Act referred to as 
  the ``Commission'').
      (b) Membership.--
              (1) Composition.--The Commission shall be composed of 17 
          members of whom--
                      (A) five shall be representatives of the Federal 
                  Government, including--
                              (i) the Attorney General, or the Attorney 
                          General's designee;
                              (ii) the Secretary of the Treasury, or the 
                          Secretary's designee;
                              (iii) the Secretary of Commerce, or the 
                          Secretary's designee;
                              (iv) the Director of Central Intelligence, 
                          or the Director's designee; and
                              (v) the Director of Homeland Security, or 
                          the Director's designee;
                      (B) four shall be appointed by the Majority Leader 
                  of the Senate;
                      (C) two shall be appointed by the Minority Leader 
                  of the Senate;
                      (D) four shall be appointed by the Speaker of the 
                  House of Representatives; and
                      (E) two shall be appointed by the Minority Leader 
                  of the House of Representatives.
              (2) Limitation on designees.--An individual may not be 
          designated for membership on the Commission under paragraph 
          (1)(A) unless the individual holds a position in the United 
          States Government by appointment of the President, by and with 
          the advice and consent of the Senate.
              (3) Appointments by congressional leadership.--
                      (A) Requirements.--Of the individuals appointed 
                  under subparagraphs (B) through (E) of paragraph (1)--
                              (i) at least one shall be an officer or 
                          employee of a State law enforcement agency; and
                              (ii) at least one shall be an officer or 
                          employee of a local law enforcement agency.
                      (B) Limitation.--No individual may be appointed 
                  under subparagraphs (B) through (E) of paragraph (1) if 
                  the individual is an officer or employee of the Federal 
                  Government or an active member of the uniformed 
                  services.
                      (C) Sense of congress.--It is the sense of Congress 
                  that in making appointments to the Commission under 
                  subparagraphs (B) through (E) of paragraph (1) the 
                  Members of Congress referred to in such subparagraphs 
                  should seek to appoint individuals with varying 
                  viewpoints on and areas of expertise in the matters to 
                  be covered by the Commission, including individuals 
                  from the technology industry, non-profit entities, and 
                  academia.
      (c) Period of Appointment; Vacancies.--Members of the Commission 
  shall be appointed for the life of the Commission. Any vacancy in the 
  Commission shall not affect its powers, but shall be filled in the same 
  manner as the original appointment.
      (d) Security Clearances.--
              (1) In general.--Each individual appointed to the 
          Commission under subparagraphs (B) through (E) of subsection 
          (d)(1) shall possess a security clearance appropriate for the 
          work of the Commission under this Act.
              (2) Failure to secure clearance.--
                      (A) Initial appointments.--If an individual 
                  initially appointed under subparagraphs (B) through (E) 
                  of subsection (d)(1) without a security clearance does 
                  not secure a security clearance by the commencement of 
                  the work of the Commission, the appointment shall be 
                  deemed vacant.
                      (B) Appointments to vacancies.--If an individual 
                  appointed to a vacancy in a position under 
  subparagraphs (B) through (E) of subsection (d)(1) without a security 
  clearance does not secure a security clearance within a reasonable 
  period (as determined by the Commission), the appointment shall be 
  deemed vacant.
              (3) Processing of clearances.--The Attorney General shall 
          seek to ensure the timely processing of any applications for 
          security clearances for purposes of this subsection.
      (e) Chairman.--The Commission shall select a Chairman from among 
  its members.
      (f) Initial Meeting.--Not later than 30 days after the date on 
  which nine members of the Commission have been appointed, the 
  Commission shall hold its first meeting.
      (g) Meetings.--The Commission shall meet at the call of the 
  Chairman.
      (h) Quorum.--A majority of the members of the Commission shall 
  constitute a quorum, but a lesser number of members may hold hearings.
  
  SEC. 4. DUTIES OF COMMISSION.
  
      (a) Investigation.--The Commission shall conduct a thorough 
  investigation of the following:
              (1) Standards for using, selecting, and operating 
          investigative and surveillance technologies to meet law 
          enforcement and national security needs in the manner that best 
          preserves the personal dignity, liberty, and privacy of 
          individuals within the United States.
              (2) The advisability of establishing within the Government 
          one or more entities or procedures to ensure that the 
          Government uses investigative and surveillance technologies to 
          meet law enforcement and national security needs in the manner 
          that best preserves the personal dignity, liberty, and privacy 
          of individuals within the United States.
      (b) Report.--
              (1) In general.--Not later than 18 months after the date of 
          the initial meeting of the Commission, the Commission shall 
          submit to the President and Congress a report which shall 
          contain a detailed statement of the findings and conclusions of 
          the Commission, together with its recommendations for such 
          legislation and administrative actions as it considers 
          appropriate.
              (2) Form of report.--The report under paragraph (1) shall 
          be submitted in unclassified form, but may include a classified 
          annex.
      (c) Investigative and Surveillance Technologies Defined.--In this 
  section, the term ``investigative and surveillance technologies'' means 
  technologies that may be used by the Federal Government, and by State 
  and local governments, to monitor and collect information about 
  individuals in the absence of reasonable, articulable suspicion of 
  criminal activity, including--
              (1) Internet surveillance technologies;
              (2) data mining technologies;
              (3) surveillance camera technologies;
              (4) x-ray body scan technologies;
              (5) biometric technologies; and
              (6) other technologies identified by the Commission for 
          purposes of this Act.
  
  SEC. 5. POWERS OF COMMISSION.
  
      (a) Hearings.--
              (1) In general.--The Commission or, at its direction, any 
          subcommittee or member of the Commission, may, for the purpose 
          of carrying out this Act--
                      (A) hold such hearings, sit and act at such times 
                  and places, take such testimony, receive such evidence, 
                  administer such oaths; and
                      (B) require, by subpoena or otherwise, the 
                  attendance and testimony of such witnesses and the 
                  production of such books, records, correspondence, 
                  memoranda, papers, documents, tapes, and materials,
          as the Commission or such subcommittee or member considers 
          advisable.
              (2) Public meetings.--To the maximum extent practicable, 
          the meetings of the Commission shall be open to the public.
              (3) Closed meetings.--
                      (A) In general.--Meetings of the Commission may be 
                  closed to the public under section 10(d) of the Federal 
                  Advisory Committee Act (5 U.S.C. App.) or other 
                  applicable law.
                      (B) Additional authority.--In addition to the 
                  authority under subparagraph (A), paragraphs (1) and 
                  (3) of section 10(a) of the Federal Advisory Committee 
                  Act shall not apply to any portion of a Commission 
                  meeting if the President determines that such portion 
                  or portions of that meeting is likely to disclose 
                  matters that could endanger national security. If the 
                  President makes such determination, the requirements 
                  relating to a determination under section 10(d) of that 
                  Act shall apply.
              (4) Public summary of closed proceedings.--Whenever 
          practicable, the Commission shall maintain and make available 
          for public inspection an unclassified summary of any classified 
          information considered by the Commission and of any classified 
          meeting or proceeding conducted by the Commission.
      (b) Issuance and Enforcement of Subpoenas.--
              (1) Issuance.--Subpoenas issued under subsection (a) shall 
          bear the signature of the Chairman of the Commission and shall 
          be served by any person or class of persons designated by the 
          Chairman for that purpose.
              (2) Enforcement.--In the 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. 
          Any failure to obey the order of the court may be punished by 
          the court as a contempt of court.
      (c) Witness Allowances and Fees.--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.
      (d) Procedures.--The Commission may adopt procedures for the work 
  of the Commission under this Act. Any portion of such procedures 
  relating to the treatment of confidential or classified information 
  shall not go into effect until jointly approved by the Attorney General 
  and the Director of Central Intelligence.
      (e) Information From Federal Agencies.--The Commission may secure 
  directly from any Federal department or agency such information as the 
  Commission considers necessary to carry out this Act. Upon request of 
  the Chairman of the Commission, the head of such department or agency 
  shall furnish such information to the Commission.
      (f) Postal Services.--The Commission may use the United States 
  mails in the same manner and under the same conditions as other 
  departments and agencies of the Federal Government.
      (g) Gifts.--The Commission may accept, use, and dispose of gifts or 
  donations of services or property.
  
  SEC. 6. COMMISSION PERSONNEL MATTERS.
  
      (a) Compensation of Members.--Members of the Commission shall serve 
  without compensation for their service as members of the Commission. 
  All members of the Commission who are officers or employees of the 
  United States shall serve without compensation in addition to that 
  received for their services as officers or employees of the United 
  States.
      (b) Travel Expenses.--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, while away from their homes 
  or regular places of business in the performance of services for the 
  Commission.
      (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 
          additional personnel as may be necessary to enable the 
          Commission to perform its duties. The employment of an 
          executive director shall be subject to confirmation by the 
          Commission.
              (2) Compensation.--The Chairman of the Commission may fix 
          the compensation of the executive director and other personnel 
          without regard to 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 5316 of such title.
              (3) Security clearances.--The executive director and any 
          other personnel of the Commission shall possess security 
          clearances appropriate for the work of the Commission.
      (d) Detail of Government Employees.--Any Federal Government 
  employee may be detailed to the Commission without reimbursement, and 
  such detail shall be without interruption or loss of civil service 
  status or privilege.
      (e) Procurement of Temporary and Intermittent Services.--The 
  Chairman of the Commission may procure temporary and intermittent 
  services under section 3109(b) of title 5, United States Code, at rates 
  for individuals which do not 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 COMMISSION.
  
      The Commission shall terminate 60 days after the date on which the 
  Commission submits its report under section 4(b).
  
  SEC. 8. FUNDING.
  
      (a) Authorization of Appropriations.--There are authorized to be 
  appropriated for each of fiscal years 2003, 2004, and 2005 such sums as 
  may be necessary for the Commission to carry out this Act in such 
  fiscal year.
      (b) Transfer of Funds.--If no funds are appropriated to the 
  Commission by the end of the session of Congress ending in a fiscal 
  year specified in subsection (a), the Secretary of Commerce shall, from 
  amounts appropriated or otherwise available to the Secretary for such 
  fiscal year, transfer to the Commission an amount necessary to permit 
  the Commission to carry out this Act in such fiscal year.
      (c) Availability.--Any amounts appropriated to the Commission under 
  subsection (a), or transferred to the Commission under subsection (b), 
  shall remain available, without fiscal year limitation, until expended.
target: Security and Liberty Preservation Act - Establishes the Commission on Enhancing Security and Preserving Freedom to conduct a thorough investigation of: (1) standards for using, selecting, and operating investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States; and (2) the advisability of establishing Government entities or procedures to ensure that the Government complies with such standards.
feat_title: A bill to establish a commission to evaluate investigative and surveillance technologies to meet law enforcement and national security needs in the manner that best preserves the personal dignity, liberty, and privacy of individuals within the United States.