[Congressional Record Volume 161, Number 85 (Sunday, May 31, 2015)]
[Senate]
[Pages S3342-S3344]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1440. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill H.R. 2048, to reform the authorities of the Federal
Government to require the production of certain business records,
conduct electronic surveillance, use pen registers and trap and trace
devices, and use other forms of information gathering for foreign
intelligence, counterterrorism, and criminal purposes, and for other
purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE IX--COMMISSION ON PRIVACY RIGHTS IN THE DIGITAL AGE
SECTION 901. SHORT TITLE.
This title may be cited as the ``Commission on Privacy
Rights in the Digital Age Act of 2015''.
SEC. 902. FINDINGS.
Congress makes the following findings:
(1) Today, technology that did not exist 30 years ago
pervades every aspect of life in the United States.
(2) Nearly \2/3\ of adults in the United States own a
smartphone, and 43 percent of adults in the United States
rely solely on their cell phone for telephone use.
(3) 84 percent of households in the United States own a
computer and 73 percent of households in the United States
have a computer with an Internet broadband connection.
(4) Federal policies on privacy protection have not kept
pace with the rapid expansion of technology.
(5) Innovations in technology have led to the exponential
expansion of data collection by both the public and private
sectors.
(6) Consumers are often unaware of the collection of their
data and how their information can be collected, bought, and
sold by private companies.
SEC. 903. PURPOSE.
The purpose of this title is to establish, for a 2-year
period, a Commission on Privacy Rights in the Digital Age
to--
(1) examine--
(A) the ways in which public agencies and private companies
gather data on the people of the United States; and
(B) the ways in which that data is utilized, either
internally or externally; and
(2) make recommendations concerning potential policy
changes needed to safeguard the privacy of the people of the
United States.
SEC. 904. COMPOSITION OF THE COMMISSION.
(a) Establishment.--To carry out the purpose of this title,
there is established in the legislative branch a Commission
on Privacy Rights in the Digital Age (in this title referred
to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 12
members, as follows:
(1) Four members appointed by the President, of whom--
(A) 2 shall be appointed from the executive branch of the
Government; and
(B) 2 shall be appointed from private life.
(2) Two members appointed by the majority leader of the
Senate, of whom--
(A) 1 shall be a Member of the Senate; and
(B) 1 shall be appointed from private life.
(3) Two members appointed by the minority leader of the
Senate, of whom--
(A) 1 shall be a Member of the Senate; and
(B) 1 shall be appointed from private life.
(4) Two members appointed by the Speaker of the House of
Representatives, of whom--
(A) 1 shall be a Member of the House; and
(B) 1 shall be appointed from private life.
(5) Two members appointed by the minority leader of the
House of Representatives, of whom--
(A) 1 shall be a Member of the House; and
(B) 1 shall be appointed from private life.
(c) Chairperson.--The Commission shall elect a Chairperson
and Vice-Chairperson from among its members.
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(d) Meetings; Quorum; Vacancies.--
(1) Meetings.--After its initial meeting, the Commission
shall meet upon the call of the Chairperson or a majority of
its members.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum.
(3) 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) Appointment of Members; Initial Meeting.--
(1) Appointment of members.--Each member of the Commission
shall be appointed not later than 60 days after the date of
enactment of this Act.
(2) Initial meeting.--On or after the date on which all
members of the Commission have been appointed, and not later
than 60 days after the date of enactment of this Act, the
Commission shall hold its initial meeting.
SEC. 905. DUTIES OF THE COMMISSION.
The Commission shall--
(1) conduct an investigation of relevant facts and
circumstances relating to the expansion of data collection
practices in the public, private, and national security
sectors, including implications for--
(A) surveillance;
(B) political, civil, and commercial rights of individuals
and corporate entities;
(C) employment practices, including hiring and firing; and
(D) credit availability and reporting; and
(2) submit to the President and Congress reports containing
findings, conclusions, and recommendations for corrective
measures relating to the facts and circumstances investigated
under paragraph (1), in accordance with section 911.
SEC. 906. POWERS OF THE COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, at its
direction, any subcommittee or member of the Commission, may,
for the purpose of carrying out this title--
(A) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as the Commission or such subcommittee
or member determines advisable; and
(B) subject to paragraph (2)(A), 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 determines
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued under paragraph
(1) only--
(I) by the agreement of the Chairperson and the Vice
Chairperson; or
(II) by the affirmative vote of 8 members of the
Commission.
(ii) Signature.--Subject to clause (i), a subpoena issued
under paragraph (1) may--
(I) be issued under the signature of--
(aa) the Chairperson; or
(bb) a member designated by a majority of the Commission;
and
(II) be served by--
(aa) any person designated by the Chairperson; or
(bb) a member designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--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.
(ii) Contempt of court.--Any failure to obey the order of
the court under clause (i) may be punished by the court as a
contempt of that court.
(3) Witness allowances and fees.--
(A) In general.--Section 1821 of title 28, United States
Code, shall apply to witnesses requested or subpoenaed to
appear at any hearing of the Commission.
(B) Source of funds.--The per diem and mileage allowances
for witnesses shall be paid from funds available to pay the
expenses of the Commission.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(c) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out this Act.
(2) Furnishing of information.--If the Chairperson, the
chairperson of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission submits to a Federal department or agency a
request for information under paragraph (1), the head of the
department or agency shall, to the extent authorized by law,
furnish the information directly to the Commission.
(3) Receipt, handling, storage, and dissemination.--
Information furnished under paragraph (2) shall only be
received, handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--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.
(2) Other departments and agencies.--In addition to the
assistance provided under paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as the departments and agencies may determine
advisable and as authorized by law.
(e) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as a department or agency of the United States.
SEC. 907. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) 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
subsections (a) and (b) of section 911.
(c) Public Hearings.--Any public hearing 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.
SEC. 908. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The Chairperson, in
consultation with the Vice Chairperson and in accordance with
rules agreed upon by the Commission, may appoint and fix the
compensation of an executive director and such other
personnel as may be necessary to enable the Commission to
carry out the functions of the Commission, without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of that title relating to classification and General
Schedule pay rates, except that no rate of pay fixed under
this paragraph may exceed the equivalent of that payable for
a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that
title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(c) Consultant Services.--The Commission may 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
at level IV of the Executive Schedule under section 5315 of
that title.
SEC. 909. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--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.
SEC. 910. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.
The appropriate departments or agencies of the Federal
Government shall cooperate with the Commission in
expeditiously providing to the members and staff of the
Commission appropriate security clearances to the extent
possible under applicable procedures and requirements, and no
person shall be provided with access to classified
information under this title without the appropriate security
clearances.
SEC. 911. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission shall submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(b) Final Report.--Not later than 2 years after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a final report containing such
findings, conclusions, and recommendations
[[Page S3344]]
for corrective measures as have been agreed to by a majority
of Commission members.
(c) Classified Information.--Each report submitted under
subsection (a) or (b) shall be in unclassified form, but may
include a classified annex.
(d) Termination.--
(1) In general.--The Commission, and all the authorities
under this title, shall terminate 60 days after the date on
which Commission submits the final report under subsection
(b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 912. FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this title.
(b) Duration of Availability.--Amounts made available to
the Commission under subsection (a) shall remain available
until the termination of the Commission.
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