[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2604 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2604

   To establish in the legislative branch the National Commission on 
                  Security and Technology Challenges.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 29, 2016

  Mr. Warner (for himself, Mr. Gardner, Mr. Schatz, Ms. Collins, Mr. 
King, Mrs. Capito, Mr. Bennet, and Mr. Heller) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish in the legislative branch the National Commission on 
                  Security and Technology Challenges.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Digital Security 
Commission Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment of the National Commission on Security and 
                            Technology Challenges.
Sec. 4. Composition of Commission.
Sec. 5. Reports to Congress.
Sec. 6. Powers of Commission.
Sec. 7. Nonapplicability of Federal Advisory Committee Act.
Sec. 8. Staff.
Sec. 9. Meeting and hearings.
Sec. 10. Termination.
Sec. 11. Funding.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Today, more than ever before, digital security and 
        communications technology, national security, public safety, 
        and counterterrorism are inextricably linked; indeed, digital 
        security and communications technology plays a critically 
        important role in efforts to keep the United States and its 
        citizens safe.
            (2) Technological innovation and development is critical to 
        the United States economy and the competitiveness of United 
        States businesses in the global marketplace.
            (3) Technology companies represent some of the largest 
        employers in the United States and contribute significantly to 
        the gross domestic product of the United States.
            (4) The digital security and communications technology that 
        the people of the United States use every day to protect 
        communications and data, including encryption, is essential to 
        the present and future of the United States.
            (5) Digital security and communications technology helps to 
        protect critical infrastructure, financial and banking systems, 
        health records, online security, commercial transactions, 
        proprietary enterprise and governmental information, and 
        privacy and civil liberties.
            (6) The same technology that benefits the people of the 
        United States in so many ways also presents new challenges; in 
        the wrong hands, digital security and communications technology 
        can be used to facilitate crime and terrorism and is used by 
        malicious actors, including drug traffickers, child predators, 
        and cybercriminals, to carry out criminal activities.
            (7) Terrorist and criminal organizations use digital 
        security and communications technology to evade law enforcement 
        and national security entities when plotting attacks and 
        recruiting supporters in the United States and abroad, and law 
        enforcement and national security authorities have indicated 
        that the use of this technology presents unique challenges to 
        their ability to protect the public.
            (8) Rapidly evolving technological advancements drive the 
        modern economy in many ways, but can also create challenges for 
        the law enforcement and national security communities.
            (9) Ensuring that analysts, law enforcement officers, and 
        policymakers fully understand the dynamic digital landscape 
        will become increasingly important in the coming decades.
            (10) The United States currently faces the difficult 
        question of how best to take advantage of the security and 
        privacy benefits digital security and communications technology 
        provides, while at the same time ensuring that the dangers 
        posed by the use of digital security and communications 
        technology by terrorists and criminals is mitigated; indeed, 
        the challenge is to reconcile equally important security 
        interests.
            (11) Despite years of dialogue between the technology 
        sector, law enforcement, national security professionals, and 
        others, no clear path forward has been developed that would 
        benefit each of the critical security interests simultaneously; 
        rather, there seems to be a consensus among stakeholders, 
        lawmakers, and experts that the question of reconciling 
        competing security interests is one without an easy or obvious 
        answer.
            (12) Leading experts and practitioners from the technology 
        sector, cryptography, law enforcement, intelligence, the 
        privacy and civil liberties community, global commerce and 
        economics, and the national security community must be brought 
        together to examine these issues in a systematic, holistic way 
        and determine the implications for national security, public 
        safety, data security, privacy, innovation, and American 
        competitiveness in the global marketplace.
            (13) It is important to approach these issues with 
        recognition that the communications marketplace is increasingly 
        global and marked by competition from foreign firms and the 
        growing prominence of international technical standards.
            (14) With respect to competing security interests, it is 
        incumbent upon the United States to be forward thinking and to 
        assess how it can and should adapt to the emerging challenges 
        of the digital world.

SEC. 3. ESTABLISHMENT OF THE NATIONAL COMMISSION ON SECURITY AND 
              TECHNOLOGY CHALLENGES.

    (a) In General.--There is established in the legislative branch a 
commission to be known as the ``National Commission on Security and 
Technology Challenges'' (in this Act referred to as the 
``Commission'').
    (b) Purposes.--The purposes of the Commission are the following:
            (1) To bring together leading experts and practitioners 
        from the technology sector, cryptography, law enforcement, 
        intelligence, the privacy and civil liberties community, global 
        commerce and economics, and the national security community to 
        examine the intersection of security and digital security and 
        communications technology in a systematic, holistic way, and 
        determine the implications for national security, public 
        safety, data security, privacy, innovation, and American 
        competitiveness in the global marketplace.
            (2) To submit to Congress a report, which shall include, at 
        a minimum, each of the following:
                    (A) An assessment of the issue of multiple security 
                interests in the digital world, including public 
                safety, privacy, national security, and communications 
                and data protection, both now and throughout the next 
                10 years.
                    (B) A qualitative and quantitative assessment of--
                            (i) the economic and commercial value of 
                        cryptography and digital security and 
                        communications technology to the economy of the 
                        United States;
                            (ii) the benefits of cryptography and 
                        digital security and communications technology 
                        to national security and crime prevention;
                            (iii) the role of cryptography and digital 
                        security and communications technology in 
                        protecting the privacy and civil liberties of 
                        the people of the United States;
                            (iv) the effects of the use of cryptography 
                        and other digital security and communications 
                        technology on Federal, State, and local 
                        criminal investigations and counterterrorism 
                        enterprises;
                            (v) the costs of weakening cryptography and 
                        digital security and communications technology 
                        standards; and
                            (vi) international laws, standards, and 
                        practices regarding legal access to 
                        communications and data protected by 
                        cryptography and digital security and 
                        communications technology, and the potential 
                        effect the development of disparate, and 
                        potentially conflicting, laws, standards, and 
                        practices might have.
                    (C) Recommendations for policy and practice, 
                including, if the Commission determines appropriate, 
                recommendations for legislative changes, regarding--
                            (i) methods to be used to allow the United 
                        States Government and civil society to take 
                        advantage of the benefits of digital security 
                        and communications technology while at the same 
                        time ensuring that the danger posed by the 
                        abuse of digital security and communications 
                        technology by terrorists and criminals is 
                        sufficiently mitigated;
                            (ii) the tools, training, and resources 
                        that could be used by law enforcement and 
                        national security agencies to adapt to the new 
                        realities of the digital landscape;
                            (iii) approaches to cooperation between the 
                        Government and the private sector to make it 
                        difficult for terrorists to use digital 
                        security and communications technology to 
                        mobilize, facilitate, and operationalize 
                        attacks;
                            (iv) any revisions to the law applicable to 
                        wiretaps and warrants for digital data content 
                        necessary to better correspond with present and 
                        future innovations in communications and data 
                        security, while preserving privacy and market 
                        competitiveness;
                            (v) proposed changes to the procedures for 
                        obtaining and executing warrants to make such 
                        procedures more efficient and cost-effective 
                        for the Government, technology companies, and 
                        telecommunications and broadband service 
                        providers; and
                            (vi) any steps the United States could take 
                        to lead the development of international 
                        standards for requesting and obtaining digital 
                        evidence for criminal investigations and 
                        prosecutions from a foreign, sovereign State, 
                        including reforming the mutual legal assistance 
                        treaty process, while protecting civil 
                        liberties and due process.

SEC. 4. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 16 members, as 
follows:
            (1) Eight members who shall be appointed by the Speaker of 
        the House and Senate majority leader, one from each of the 
        fields specified in subsection (b). One such member shall serve 
        as the chairman of the Commission.
            (2) Eight members who shall be appointed by the minority 
        leader in the House and the minority leader in the Senate, one 
        from each of the fields specified in subsection (b). One such 
        member shall serve as the vice chairman of the Commission.
            (3) One additional individual who shall be appointed by the 
        President and who shall serve in an ex officio capacity as a 
        nonvoting member.
    (b) Qualifications.--In accordance with subsection (a), individuals 
appointed to the Commission shall be United States citizens with 
significant knowledge and primary experience relevant to the mission of 
the Commission in one of the following fields:
            (1) Cryptography.
            (2) Global commerce and economics.
            (3) Federal law enforcement.
            (4) State and local law enforcement.
            (5) Consumer-facing technology sector.
            (6) Enterprise technology sector.
            (7) The intelligence community (as such term is defined in 
        section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        3003(4))).
            (8) The privacy and civil liberties community.
    (c) Deadline for Appointment.--All members of the Commission, with 
the exception of those serving in an ex officio capacity, shall be 
appointed by not later than 30 days after the date of the enactment of 
this Act.
    (d) Vacancies.--Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner in which the original 
appointment was made.
    (e) Compensation.--While away from their homes or regular places of 
business in the performance of services for the Commission, members of 
the Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703 of title 5, United States Code.
    (f) Meetings; Rules of Procedure; Quorum.--
            (1) Meetings.--The Commission shall hold its initial 
        meeting and begin the operations of the Commission by not later 
        than 60 days after the date of the enactment of this Act. After 
        such initial meeting, the Commission shall meet upon the call 
        of the chairman or a majority of its members.
            (2) Quorum.--A simple majority of members of the Commission 
        shall constitute a quorum.
            (3) Voting.--No proxy voting shall be allowed on behalf of 
        a member of the Commission.
            (4) Rules of procedure.--The Commission may establish rules 
        for the conduct of the Commission's business, if such rules are 
        not inconsistent with this Act or other applicable laws.
            (5) Notice.--The chairman of the Commission shall provide 5 
        business days advance notice for any meeting or hearing of the 
        Commission.
    (g) Security Clearances.--The appropriate Federal agencies or 
departments shall cooperate with the Commission in expeditiously 
providing appropriate security clearances to Commission members, as may 
be requested, to the extent possible pursuant to existing procedures 
and requirements, except that no person shall be provided with access 
to classified information without the appropriate security clearances.

SEC. 5. REPORTS TO CONGRESS.

    (a) Interim Reports.--Not later than six months after its initial 
meeting, the Commission shall submit to the Speaker of the House of 
Representatives, the Senate majority leader, the House of 
Representatives minority leader, the Senate minority leader, the 
Committee on Homeland Security of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Committee on the Judiciary of the House of Representatives, the 
Committee on the Judiciary of the Senate, the Permanent Select 
Committee on Intelligence of the House of Representatives, the Select 
Committee on Intelligence of the Senate, the Committee on Energy and 
Commerce of the House of Representatives, and the Committee on 
Commerce, Science, and Transportation of the Senate a report outlining 
the activities of the Commission to date, a plan of action moving 
forward, and any initial findings, that have been agreed to by at least 
12 of the 16 voting members. Thereafter, the Commission may submit to 
the congressional entities named above any additional interim reports 
that have been agreed to by at least 12 of the 16 members of the 
Commission.
    (b) Final Report.--Not later than 12 months after the date of the 
initial meeting of the Commission, the Commission shall submit to the 
congressional entities listed in subsection (a) a final report 
containing such findings, conclusions, and recommendations as have been 
agreed to by at least 12 of the 16 voting members of the Commission.
    (c) Dissenting Views.--The Rules of Procedure established in 
section 4(f)(4) of this Act shall include procedures by which any 
minority of commissioners may issue dissenting views, including 
dissenting findings and recommendations.
    (d) Form.--Reports required under this paragraph shall be submitted 
in unclassified form but may include a classified annex.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Information.--The Commission may, for the purpose 
of carrying out this Act--
            (1) hold such hearings and sit and act at such times and 
        places, take such testimony, receive such information, and 
        administer such oaths as the Commission or such designated 
        subcommittee or designated member may determine advisable; and
            (2) subject to paragraph (1), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, papers, and documents, as the Commission or such 
        designated subcommittee or designated member may determine 
        advisable.
    (b) Subpoenas.--
            (1) Issuance.--
                    (A) In general.--A subpoena for information that is 
                materially relevant to the duties of the Commission may 
                be issued under this subsection only by the affirmative 
                vote of at least 12 of the 16 voting members of the 
                Commission.
                    (B) Signature.--Subject to subparagraph (A), 
                subpoenas issued under this subsection may be issued 
                under the signature of the chairman, and may be served 
                by any person designated by the chairman or by a member 
                designated by a majority of the Commission.
            (2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under paragraph (1), the United States 
        district court for the judicial district in which the 
        subpoenaed person resides, is served, or may be found, or where 
        the subpoena is returnable, 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 contempt of 
        that court.
    (c) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this Act.
    (d) Information From Federal Agencies.--The Commission is 
authorized to secure directly from any executive department, bureau, 
agency, board, commission, office, independent establishment, or 
instrumentality of the Government, information, suggestions, estimates, 
and statistics for the purposes of this Act. The head of each such 
department, bureau, agency, board, commission, office, independent 
establishment, or instrumentality shall, to the extent authorized by 
law, furnish such information, suggestions, estimates, and statistics 
directly to the Commission, upon request made by the chairman and vice 
chairman, the chairman of any subcommittee created by a majority of the 
Commission, or any member designated by a majority of the Commission.
    (e) Receipt, Handling, and Storage of Information.--Sensitive or 
proprietary information shall only be received, handled, and stored by 
members of the Commission and its staff consistent with all applicable 
statutes, regulations, and Executive orders.
    (f) Dissemination of Information.--Information obtained by members 
and staff of the Commission may not be revealed or disseminated outside 
of the Commission absent approval from a majority of the members of the 
Commission. In addition, any dissemination of information must be 
consistent with all applicable statutes, regulations, and Executive 
orders.
    (g) Assistance From Federal Agencies.--
            (1) General services administration.--Upon request by the 
        executive director of the Commission, the Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions under this 
        Act.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), the heads of Federal 
        departments and agencies may provide to the Commission such 
        services, funds, facilities, staff, and other support services 
        as such heads may determine advisable and as may be authorized 
        by law.
    (h) Postal Services.--The Commission may use the United States mail 
in the same manner and under the same conditions as departments and 
agencies of the United States.

SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.

SEC. 8. STAFF.

    (a) Appointment.--The chairman and vice chairman shall jointly 
appoint and fix the compensation of an executive director and of and 
such other personnel as may be necessary to enable the Commission to 
carry out its functions under this Act.
    (b) Security Clearances.--The appropriate Federal agencies or 
departments shall cooperate with the Commission in expeditiously 
providing appropriate security clearances to Commission staff, as may 
be requested, to the extent possible pursuant to existing procedures 
and requirements, except that no person shall be provided with access 
to classified information without the appropriate security clearances.
    (c) Detailees.--Any Federal Government employee may be detailed to 
the Commission on a reimbursable basis, and such detailee shall retain 
without interruption the rights, status, and privileges of his or her 
regular employment.
    (d) Expert and Consultant Services.--The Commission is authorized 
to procure the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, but at rates not to exceed 
the daily rate paid a person occupying a position level IV of the 
Executive Schedule under section 5315 of title 5, United States Code.
    (e) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines necessary.

SEC. 9. MEETING AND HEARINGS.

    (a) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        section 5.
    (b) Public Hearings.--Any public hearings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to, or developed for or by the Commission, as required by any 
applicable statute, regulation, or Executive order.
    (c) Private Hearings.--Any private hearings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to, or developed for or by the Commission, as required by any 
applicable statute, regulation, or Executive order. To the extent 
practicable, the Commission shall release summaries of any official 
private hearings.

SEC. 10. TERMINATION.

    (a) In General.--The Commission, and all the authorities of this 
Act, shall terminate on the date that is 60 days after the date on 
which the final report is submitted under section 5(b).
    (b) Administrative Activities Before Termination.--The Commission 
may use the 60-day period referred to in subsection (a) for the purpose 
of concluding its activities, including providing testimony to 
committees of Congress concerning its reports and disseminating the 
final report under section 5(b).

SEC. 11. FUNDING.

    (a) Authorization of Appropriation.--No additional funds are 
authorized to be appropriated to carry out this Act.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) are authorized to remain available 
until the termination of the Commission in accordance with section 10.
    (c) Remaining Funds.--Any funds remaining upon termination of the 
Commission under section 10 shall be returned to the general fund of 
the Treasury for the purpose of deficit reduction.
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