,,ii #aadth ,,congress #b;d ,session ,s4 #bfjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bi1 #bjaf,mr4 ,warner 7for himself1 ,mr4 ,gardner1 ,mr4 ,schatz1 ,ms4 ,collins1 ,mr4 ,king1 ,mrs4 ,capito1 ,mr4 ,bennet1 and ,mr4 ,heller7 introduced the following bill2 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 ,challenges4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,digital ,security ,commission ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,establishment of the ,national ,commission on ,security and ,technology ,challenges4,sec4 #d4 ,composition of ,commission4,sec4 #e4 ,reports to ,congress4,sec4 #f4 ,powers of ,commission4,sec4 #g4 ,nonapplicability of ,federal ,advisory ,committee ,act4,sec4 #h4 ,staff4,sec4 #i4 ,meeting and hearings4,sec4 #aj4 ,termination4,sec4 #aa4 ,funding4 #b4 ,findings ,congress finds the following3 7#a7 ,today1 more than ever before1 digital security and communications technology1 national security1 public safety1 and counterterrorism are inextricably linked2 indeed1 digital security and communications technology plays a critically important role in efforts to keep the ,united ,states and its citizens safe4 7#b7 ,technological innovation and development is critical to the ,united ,states economy and the competitiveness of ,united ,states businesses in the global marketplace4 7#c7 ,technology companies represent some of the largest employers in the ,united ,states and contribute significantly to the gross domestic product of the ,united ,states4 7#d7 ,the digital security and communications technology that the people of the ,united ,states use every day to protect communications and data1 including encryption1 is essential to the present and future of the ,united ,states4 7#e7 ,digital security and communications technology helps to protect critical infrastructure1 financial and banking systems1 health records1 online security1 commercial transactions1 proprietary enterprise and governmental information1 and privacy and civil liberties4 7#f7 ,the same technology that benefits the people of the ,united ,states in so many ways also presents new challenges2 in the wrong hands1 digital security and communications technology can be used to facilitate crime and terrorism and is used by malicious actors1 including drug traffickers1 child predators1 and cybercriminals1 to carry out criminal activities4 7#g7 ,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 abroad1 and law enforcement and national security authorities have indicated that the use of this technology presents unique challenges to their ability to protect the public4 7#h7 ,rapidly evolving technological advancements drive the modern economy in many ways1 but can also create challenges for the law enforcement and national security communities4 7#i7 ,ensuring that analysts1 law enforcement officers1 and policymakers fully understand the dynamic digital landscape will become increasingly important in the coming decades4 7#aj7 ,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 provides1 while at the same time ensuring that the dangers posed by the use of digital security and communications technology by terrorists and criminals is mitigated2 indeed1 the challenge is to reconcile equally important security interests4 7#aa7 ,despite years of dialogue between the technology sector1 law enforcement1 national security professionals1 and others1 no clear path forward has been developed that would benefit each of the critical security interests simultaneously2 rather1 there seems to be a consensus among stakeholders1 lawmakers1 and experts that the question of reconciling competing security interests is one without an easy or obvious answer4 7#ab7 ,leading experts and practitioners from the technology sector1 cryptography1 law enforcement1 intelligence1 the privacy and civil liberties community1 global commerce and economics1 and the national security community must be brought together to examine these issues in a systematic1 holistic way and determine the implications for national security1 public safety1 data security1 privacy1 innovation1 and ,american competitiveness in the global marketplace4 7#ac7 ,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 standards4 7#ad7 ,with respect to competing security interests1 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 world4 #c4 ,establishment of the ,national ,commission on ,security and ,technology ,challenges 7a7 ,in general ,there is established in the legislative branch a commission to be known as the ,national ,commission on ,security and ,technology ,challenges 7in this ,act referred to as the ,commission74 7b7 ,purposes ,the purposes of the ,commission are the following3 7#a7 ,to bring together leading experts and practitioners from the technology sector1 cryptography1 law enforcement1 intelligence1 the privacy and civil liberties community1 global commerce and economics1 and the national security community to examine the intersection of security and digital security and communications technology in a systematic1 holistic way1 and determine the implications for national security1 public safety1 data security1 privacy1 innovation1 and ,american competitiveness in the global marketplace4 7#b7 ,to submit to ,congress a report1 which shall include1 at a minimum1 each of the following3 7,a7 ,an assessment of the issue of multiple security interests in the digital world1 including public safety1 privacy1 national security1 and communications and data protection1 both now and throughout the next #aj years4 7,b7 ,a qualitative and quantitative assessment of-- 7i7 the economic and commercial value of cryptography and digital security and communications technology to the economy of the ,united ,states2 7ii7 the benefits of cryptography and digital security and communications technology to national security and crime prevention2 7iii7 the role of cryptography and digital security and communications technology in protecting the privacy and civil liberties of the people of the ,united ,states2 7iv7 the effects of the use of cryptography and other digital security and communications technology on ,federal1 ,state1 and local criminal investigations and counterterrorism enterprises2 7v7 the costs of weakening cryptography and digital security and communications technology standards2 and 7vi7 international laws1 standards1 and practices regarding legal access to communications and data protected by cryptography and digital security and communications technology1 and the potential effect the development of disparate1 and potentially conflicting1 laws1 standards1 and practices might have4 7,c7 ,recommendations for policy and practice1 including1 if the ,commission determines appropriate1 recommendations for legislative changes1 regarding-- 7i7 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 mitigated2 7ii7 the tools1 training1 and resources that could be used by law enforcement and national security agencies to adapt to the new realities of the digital landscape2 7iii7 approaches to cooperation between the ,government and the private sector to make it difficult for terrorists to use digital security and communications technology to mobilize1 facilitate1 and operationalize attacks2 7iv7 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 security1 while preserving privacy and market competitiveness2 7v7 proposed changes to the procedures for obtaining and executing warrants to make such procedures more efficient and cost-effective for the ,government1 technology companies1 and telecommunications and broadband service providers2 and 7vi7 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 foreign1 sovereign ,state1 including reforming the mutual legal assistance treaty process1 while protecting civil liberties and due process4 #d4 ,composition of ,commission 7a7 ,members ,the ,commission shall be composed of #af members1 as follows3 7#a7 ,eight members who shall be appointed by the ,speaker of the ,house and ,senate majority leader1 one from each of the fields specified in subsection 7b74 ,one such member shall serve as the chairman of the ,commission4 7#b7 ,eight members who shall be appointed by the minority leader in the ,house and the minority leader in the ,senate1 one from each of the fields specified in subsection 7b74 ,one such member shall serve as the vice chairman of the ,commission4 7#c7 ,one additional individual who shall be appointed by the ,president and who shall serve in an ex officio capacity as a nonvoting member4 7b7 ,qualifications ,in accordance with subsection 7a71 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 fields3 7#a7 ,cryptography4 7#b7 ,global commerce and economics4 7#c7 ,federal law enforcement4 7#d7 ,state and local law enforcement4 7#e7 ,consumer-facing technology sector4 7#f7 ,enterprise technology sector4 7#g7 ,the intelligence community 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d7774 7#h7 ,the privacy and civil liberties community4 7c7 ,deadline for appointment ,all members of the ,commission1 with the exception of those serving in an ex officio capacity1 shall be appointed by not later than #cj days after the date of the enactment of this ,act4 7d7 ,vacancies ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 7e7 ,compensation ,while away from their homes or regular places of business in the performance of services for the ,commission1 members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc of title #e1 ,united ,states ,code4 7f7 ,meetings2 rules of procedure2 quorum 7#a7 ,meetings ,the ,commission shall hold its initial meeting and begin the operations of the ,commission by not later than #fj days after the date of the enactment of this ,act4 ,after such initial meeting1 the ,commission shall meet upon the call of the chairman or a majority of its members4 7#b7 ,quorum ,a simple majority of members of the ,commission shall constitute a quorum4 7#c7 ,voting ,no proxy voting shall be allowed on behalf of a member of the ,commission4 7#d7 ,rules of procedure ,the ,commission may establish rules for the conduct of the ,commission's business1 if such rules are not inconsistent with this ,act or other applicable laws4 7#e7 ,notice ,the chairman of the ,commission shall provide #e business days advance notice for any meeting or hearing of the ,commission4 7g7 ,security clearances ,the appropriate ,federal agencies or departments shall cooperate with the ,commission in expeditiously providing appropriate security clearances to ,commission members1 as may be requested1 to the extent possible pursuant to existing procedures and requirements1 except that no person shall be provided with access to classified information without the appropriate security clearances4 #e4 ,reports to ,congress 7a7 ,interim reports ,not later than six months after its initial meeting1 the ,commission shall submit to the ,speaker of the ,house of ,representatives1 the ,senate majority leader1 the ,house of ,representatives minority leader1 the ,senate minority leader1 the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,senate1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 the ,select ,committee on ,intelligence of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report outlining the activities of the ,commission to date1 a plan of action moving forward1 and any initial findings1 that have been agreed to by at least #ab of the #af voting members4 ,thereafter1 the ,commission may submit to the congressional entities named above any additional interim reports that have been agreed to by at least #ab of the #af members of the ,commission4 7b7 ,final report ,not later than #ab months after the date of the initial meeting of the ,commission1 the ,commission shall submit to the congressional entities listed in subsection 7a7 a final report containing such findings1 conclusions1 and recommendations as have been agreed to by at least #ab of the #af voting members of the ,commission4 7c7 ,dissenting views ,the ,rules of ,procedure established in section #d7;f77#d7 of this ,act shall include procedures by which any minority of commissioners may issue dissenting views1 including dissenting findings and recommendations4 7d7 ,form ,reports required under this paragraph shall be submitted in unclassified form but may include a classified annex4 #f4 ,powers of ,commission 7a7 ,hearings and information ,the ,commission may1 for the purpose of carrying out this ,act-- 7#a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such information1 and administer such oaths as the ,commission or such designated subcommittee or designated member may determine advisable2 and 7#b7 subject to paragraph 7#a71 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission or such designated subcommittee or designated member may determine advisable4 7b7 ,subpoenas 7#a7 ,issuance 7,a7 ,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 #ab of the #af voting members of the ,commission4 7,b7 ,signature ,subject to subparagraph 7,a71 subpoenas issued under this subsection may be issued under the signature of the chairman1 and may be served by any person designated by the chairman or by a member designated by a majority of the ,commission4 7#b7 ,enforcement ,in the case of contumacy or failure to obey a subpoena issued under paragraph 7#a71 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as contempt of that court4 7c7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge its duties under this ,act4 7d7 ,information from federal agencies ,the ,commission is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purposes of this ,act4 ,the head of each such department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chairman and vice chairman1 the chairman of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission4 7e7 ,receipt1 handling1 and storage of information ,sensitive or proprietary information shall only be received1 handled1 and stored by members of the ,commission and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7f7 ,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 ,commission4 ,in addition1 any dissemination of information must be consistent with all applicable statutes1 regulations1 and ,executive orders4 7g7 ,assistance from federal agencies 7#a7 ,general services administration ,upon request by the executive director of the ,commission1 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 ,act4 7#b7 ,other departments and agencies ,in addition to the assistance prescribed in paragraph 7#a71 the heads of ,federal departments and agencies may provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as such heads may determine advisable and as may be authorized by law4 7h7 ,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 ,states4 #g4 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 #h4 ,staff 7a7 ,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 ,act4 7b7 ,security clearances ,the appropriate ,federal agencies or departments shall cooperate with the ,commission in expeditiously providing appropriate security clearances to ,commission staff1 as may be requested1 to the extent possible pursuant to existing procedures and requirements1 except that no person shall be provided with access to classified information without the appropriate security clearances4 7c7 ,detailees ,any ,federal ,government employee may be detailed to the ,commission on a reimbursable basis1 and such detailee shall retain without interruption the rights1 status1 and privileges of his or her regular employment4 7d7 ,expert and consultant services ,the ,commission is authorized to procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 but at rates not to exceed the daily rate paid a person occupying a position level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7e7 ,volunteer services ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,commission may accept and use voluntary and uncompensated services as the ,commission determines necessary4 #i4 ,meeting and hearings 7a7 ,public meetings and release of public versions of reports ,the ,commission shall-- 7#a7 hold public hearings and meetings to the extent appropriate2 and 7#b7 release public versions of the reports required under section #e4 7b7 ,public hearings ,any public hearings of the ,commission shall be conducted in a manner consistent with the protection of information provided to1 or developed for or by the ,commission1 as required by any applicable statute1 regulation1 or ,executive order4 7c7 ,private hearings ,any private hearings of the ,commission shall be conducted in a manner consistent with the protection of information provided to1 or developed for or by the ,commission1 as required by any applicable statute1 regulation1 or ,executive order4 ,to the extent practicable1 the ,commission shall release summaries of any official private hearings4 #aj4 ,termination 7a7 ,in general ,the ,commission1 and all the authorities of this ,act1 shall terminate on the date that is #fj days after the date on which the final report is submitted under section #e7;b74 7b7 ,administrative activities before termination ,the ,commission may use the #fj-;day period referred to in subsection 7a7 for the purpose of concluding its activities1 including providing testimony to committees of ,congress concerning its reports and disseminating the final report under section #e7;b74 #aa4 ,funding 7a7 ,authorization of appropriation ,no additional funds are authorized to be appropriated to carry out this ,act4 7b7 ,duration of availability ,amounts made available to the ,commission under subsection 7a7 are authorized to remain available until the termination of the ,commission in accordance with section #aj4 7c7 ,remaining funds ,any funds remaining upon termination of the ,commission under section #aj shall be returned to the general fund of the ,treasury for the purpose of deficit reduction4