[Congressional Record Volume 161, Number 125 (Tuesday, August 4, 2015)]
[Senate]
[Pages S6313-S6315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2591. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill S. 754, to improve cybersecurity in the United
States through enhanced sharing of information about cybersecurity
threats, and for other purposes; which was ordered to lie on the table;
as follows:
At the end, add the following:
TITLE II--COMMISSION ON PRIVACY RIGHTS IN THE DIGITAL AGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Commission on Privacy
Rights in the Digital Age Act of 2015''.
SEC. 202. 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. 203. 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. 204. 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 13
members, as follows:
(1) Five members appointed by the President, of whom--
(A) 2 shall be appointed from the executive branch of the
Government; and
(B) 3 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.
(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. 205. DUTIES OF THE COMMISSION.
The Commission shall--
(1) conduct an investigation of relevant facts and
circumstances relating to the expansion of data collection
and surveillance practices in the public, private, and
national security sectors, including implications for--
(A) constitutional and statutory rights of privacy;
(B) transparency, as it relates to--
(i) government practices;
(ii) consumers; and
(iii) shareholders;
(C) waste, fraud, and abuse; and
(D) the effectiveness of congressional oversight; 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 212.
SEC. 206. 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
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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 title.
(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. 207. WHISTLEBLOWER PROTECTION.
(a) Discharge or Discrimination Prohibited.--No employer
may discharge, demote, suspend, threaten, harass, or
otherwise discriminate against an employee with respect to
the terms and conditions of employment because the employee,
or any person acting pursuant to a request of the employee--
(1) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding with the
Commission under this title;
(2) testified or is preparing to testify in a proceeding
described in paragraph (1);
(3) lawfully assisted or is preparing to lawfully assist in
any manner in a proceeding described in paragraph (1) or in
any other action to carry out the purposes of this title; or
(4) refuses to violate the provisions of this title.
(b) Enforcement Action.--
(1) In general.--An employee who alleges discharge or other
discrimination by an employer in violation of subsection (a)
may seek relief under subsection (c) by--
(A) filing a complaint with the Secretary of Labor; or
(B) if the Secretary of Labor has not issued a final
decision within 180 days of the filing of the complaint and
there is no showing that such delay is due to the bad faith
of the claimant, bringing an action at law or equity for de
novo review in the appropriate district court of the United
States, which shall have jurisdiction over such an action
without regard to the amount in controversy.
(2) Procedure.--
(A) In general.--A complaint filed under paragraph (1)(A)
shall be governed under the rules and procedures set forth in
section 42121(b) of title 49, United States Code.
(B) Exception.--Notification made under section 42121(b)(1)
of title 49, United States Code, shall be made to any
individual named in the complaint and to the employer.
(C) Burdens of proof.--An action brought under paragraph
(1)(B) shall be governed by the legal burdens of proof set
forth in section 42121(b) of title 49, United States Code.
(D) Statute of limitations.--A complaint under paragraph
(1)(A) shall be filed not later than 180 days after the date
on which the violation occurs, or after the date on which the
employee became aware of the violation.
(E) Jury trial.--A party to an action brought under
paragraph (1)(B) shall be entitled to trial by jury.
(c) Remedies.--
(1) In general.--An employee prevailing in any action under
subsection (b)(1) shall be entitled to all relief necessary
to make the employee whole.
(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
(A) reinstatement with the same seniority status that the
employee would have had, but for the discrimination;
(B) the amount of back pay, with interest; and
(C) compensation for any special damages sustained as a
result of the discrimination, including litigation costs,
expert witness fees, and reasonable attorney fees.
(d) Rights Retained by Employee.--Nothing in this section
shall be deemed to diminish the rights, privileges, or
remedies of any employee under any Federal or State law, or
under any collective bargaining agreement.
(e) Nonenforceability of Certain Provisions Waiving Rights
and Remedies or Requiring Arbitration of Disputes.--
(1) Waiver of rights and remedies.--The rights and remedies
provided for in this section may not be waived by any
agreement, policy form, or condition of employment, including
by a predispute arbitration agreement.
(2) Predispute arbitration agreements.--No predispute
arbitration agreement shall be valid or enforceable, if the
agreement requires arbitration of a dispute arising under
this section.
SEC. 208. 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 Hearings and Meetings.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) conduct public hearings and meetings 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. 209. 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. 210. 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. 211. 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, up to the level
of sensitive compartmented information, 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. 212. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission shall submit to the
President and Congress, and make publicly available online,
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, and make publicly available online, a
final report containing such findings, conclusions, and
recommendations 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-
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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. 213. 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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