ALBIO218 SLE. 1141n CONGRESS: ‘To establish in the legislative branch the National Commission on Se and Technology Challenges, IN THE SENATE OF THE UNITED STATES He. Warner, for NenselS, Mr Gardner, introdeed the following bill; which was read twice and referred to the Committee on Me. Semed2 * Ms. Collins, We. Kangy Mes. Capito, A BILL Uc. Rennes, ‘To establish in the legislative branch the National and Wr, Weller ion on Security and Technology Challenges. Commi Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Suor? TrrLe.—This Act may he cited as the “Digital Security Commission Act of 2016”. (b) TABLE OF CoNTENTS.—The table of contents for Yauean this Act is as follows: See. 5 Shovt title; table of eontents, dings. 3. Establishment of the national emmuission on sseurity and technology lull See. 4. Composition of Soe. 5, Reports to Congress. See. 6. Powers of commissionALBIS we ES ox a auan yw 12 13 14 15 16 7 18 19 20 21 See See, Sve See, Seu SEC. Se. 2 7. Nonappicnigs of Pedoral Adviaory Committee At 8. Sint 8, Meoting and hearings. 10, Termiuation. 11. Pann ‘. 2. FINDINGS. Congress finds the following: (1) Today, more than ever hefore, digital secu- rity and communications technology, national secu- rity, publie safety, and counterterrorism are inex- trivably linked; indeed, digital security and commu- nivations technology plays a critically important role in offorts to keep the United States and its citizens safe. (2) Technological innovation and development is critical to the United States economy and the eom- petitiveness of United States businesses in the global marketplace. (3) Teelmology companies represent some of the largest: employers in the United States and con- tribute significantly to the gross domestic product of the United States. (4) The digital security and communications technology that the people of the United States nse covery day to protect communications and data, in- cluding encryption, is essentinl to the present and future of the United States.ALBIS. Seer aAuawne i 13 id IS 16 7 18 19 20 21 22 23 24 SL. 3 (5) Digital security and communications tech- nology helps to protect eritieal infrastructure, finan cial and banking systems, health records, online se- curity, commercial transactions, proprietary. enter- prise and governmental information, and privacy and civil libertie (6) The same technology that benefits the peo- ple of the United States in so many ways also pre- sents new challenges; in the wrong hands, digital se- curity and communications technology can be used to facilitate crime aud terrorism and is used by mali- cious actors, including drug traffickers, child preda- ‘tors, and cybercriminals, to carry out criminal activi- ties, (7) Terrorist and criminal organizations use digital security and conmunieations technology to evade law enforeement, and national seeurity entities when plotting attacks and reeruiting supporters. in the United States and abroad, and law enforcement and national security authorities have indicated that. the use of this technology presents uniqne challenges to their ability to protect the public, (8) Rapidly evolving technological advancements: drive the modem economy in many ways, but eanALBIGZI8. Camara ek wH 10 12 13 14 15 16 17 18 19 20 a1 22 23 24 she. 4 also ereate challenges for the law enforeement and national security communities (9) Ensuring that analysts, law enforcement of- fivers, and policymakers fully understand the dy- natnie digital landscape will hecome increasingly im- portant in the coming decades. (10) ‘The United States enrvently faces the dif. fienlt question of how best to take advantage of the security und privacy benefits digital. s curity and communications technology provides, while at the same time ensuring that the dangers posed by the use of digital security and communications tech- nology by terrorists and criminals is mitigated; in- deed, the challenge is to reconcile equally important scenrity interests. (11) Despite years of dialogue between the technology sector, law enforeement, national seonrity professionals, and others, no clear path forward has been developed that would benefit each of the erit sceurity interests sinmltancously; rather, there seems to be # consensus among stakeholders, lawmakers, and experts that the question of reconciling com- peting security interests is one without an easy or obvious answer.ALBLOIS 17 18 19 sue 5 (12) Leading experts and practitioners from the technology sector, eryptography, law enforcement, intelligence, the privacy and civil Eberties conunu- nity, global commeree and economics, and the nae tional seeurity 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, privaey, innovation, and American competitiveness in the global marketplace. a with recognition that the communications market- It is important to approach these issues place is inereasingly global and marked hy competi- tion from foreign firms and the growing prominence of international technical standards. (14) With respect to competing security inter- ests, 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 dig- ital world. 20 SEC. 3. ESTABLISHMENT OF THE NATIONAL COMMISSION 21 22, 23 24. tive ON SECURITY AND TECHNOLOGY CHAL- LENGES. (a) Iy GeNERAL.—There is established in the legisla- Inanch a commission to be known as the “NationalALBIG218 she. 6 1 Commission on Sceurity and Technology Challenges” (in 2. this Act referred to as the “Commission”). 3 (b) PeRPOSES.—The purposes of the Commission ure 4 the following: 5 (1) To bring together leading experts and prac- 6 titioners from the technology seetor, eryptography, 7 Jaw enforeement, intelligence, the privacy and civil 8 liberties community, global commerce and econom- 9 jes, and the national security community to examine 10 the intersection of seenrity and digital sceurity’ and it communications technology in a systematic, holistie 12 way, and determine the implications for national se- 13 curity, public safety, data security, privacy, innova- 14 tion, and American competitiveness in the global 15 marketplace. 16 (2) To submit to Congress a report, which shall 17 include, ata minimum, each of the followin 18 (A) An assessment of the issue of multiple 19 sceurity interests in the digital world, including 20 pubtie safety, privacy, national security, and 21 communications and data protection, both now 22 and throughout the next 10 years. 23 (B) A qualitative and quantitative assess- 24 ment of—ALBIS. CoN ane wD 10 12 2B 14 15 16 7 18 19 20 a 2 23 24 25 BC 7 (i) the economie and commercial value of ciyptography and digital seeurity and communications technology to the economy of the United States; (ii) the henefits of cryptography and Gigital seeurity and comnmunications tech- nology to national security and crime pre- veution; {iii) the role of cryptography and dig~ ital seunrity and communications tech- nology’ in protecting the privacy and. civil liberties of the people of the United States: (iv) the effets of the use of eryptog- raphy and other digital seeurity and eom- munications technology on Federal, State, and local criminal jnvestigations — and counterterrorism enterprises; (vy) the costs of weakening eyptog- raphy and digital security and communica- tions technology standards; and (vi) international laws, standards, and practices regarding legal access to comniu- nications and data protected by eryptog- raphy and digital security and communica- tions teclmology, and the potential effectALBIG2IS, Coed aAw er on 10 u 12 13 4 15 16 7 18 19 20 21 22 B 24 SLO 8 the development of disparate, and poten tially conflicting, laws, standards, and practices might have. (C) Recommendations for potiey amd prac- tice, incuding, if the Conmission detennines appropriate, recommendations for legislative changes, regarding— (i) methods to be used to allow the Tnited 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 secu- rity and communications technology by ter- vorists and criminals is sufficiently miti- gated {ii} the tools, training, and resources that could be nsed hy law enforcement and national security agencies to adapt to the new realities of the digital landscape; {iii) approaches to cooperation be- tween the Government and the private sec- tor to make it diffielt for terrorists to use digi 1 security and communications teeh-ALBIS 25 Le. 9 nology 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 privaey and market competitive- ness; (¥) proposed changes to the proce- dur for obtaining aud ex cating warrants to make such procedures more efficient and cost-effective for the Government, technology companies, and telecommuni- val ns and broadband. service providers; and (vi) any steps the United States could take to lead the development of inter national standards for requesting and ob- taining digital evidence for ¢riminal inves- tigations and prosecutions from a foreign, sovereign State, including veforming the quntual legal assistance treaty pr cess, while protecting civil liberties and due process.ALB: 1 2 3 4 3 6 7 8 9 10 il 12 13 14 15 16 17 18 SLC. 10 SEC. 4. COMPOSITION OF COMMISSION. (a} MEMBERS—The Commission shall be composed of 16 members, as follows: (1) Bight members who shalt he appointed by the Speaker of the House and Senate majority lead- ex, one from cach of the fields specified in subsection (b). One such meiaber shall serve as the chairman of the Commission (2) Bight members who shall be appointed by the minority Jeader in the House and the minority leader in the Senate, one from each of the fields specified in subscetion (b). One such member shall serve as the vice chairman of the commission. (3) One additional individual who shall be ap- pointed by the President and who shall serve in an ex officio capacity as a non-voting member, (b) QUALIFICATIONS.—In aecordanee with subsection (a), individuals appointed to the Commission shall be 19 United States citizens with significant knowledge and pri- 20 mary experience relevant to the mission of the Commission aL 22 23 24 25 26 in one of the following fields: (1) Ceyptography, (2) Global commerce and economies. (3) Federal law enforcement. (4) State and local law enforcement. (5) Consumer-facing technology sector.ALpeans sie. 1 i (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 privaey and civil liberties commun (c) DeADLINE FOR APPOINTAEN'T—All members of the Commission, with the exception of those serving in an ex officio capacity, shall be appointed by not later than Cmdr anh wD 30 days after the date of the etment, of this Act. 10 (a) Vacaxcies—Any vacaney in the Comission 11 shall not affect its powers, but shall be filled in the same 12. manner in whieh the original appointment was made. 13 (e) CoMPENSATION—While away from their homes 14 or regular places of business in the performance of services I be 15 for the Commission, members of the Comnission 16 allowed travel expenses, inemding per diem in liew of sub- 17. sistence, in the same manner as persons employed inter- 18 mittently in the Government service are allowed expenses 19 under section 5703 of title 5, United States Code. 20 (f) MEBTT RULES OF PROCEDURE; QUORUM.—- 21 (1) Muerixes—tThe Commission shall hold its 22 initial mecting and begin the operations of the Com- 23 mission by not later than 60 days after the date of 24 the enactment, of this Aet. After such initial meeting,ALBIS. Se. 12 1 the Commission shall meet upon the cali of the of its members. chairman or a majority (2) QuoRea—A simple majority of members of the Commission shall constitute a quorum, (3) Vorixe.—No prosy yoting shall he allowed on behalf of a member of the Commission. (4) Reugs oF PROCEDURE—The Commission may establish rules for the conduet of the Commis- sion’s business, if such rules are not inconsistent with this Act. or other applicable laws. FS ce wen anne n (5) Novice.—The chairman of the Commission 12 shall provide 5 business days advance notices for any 13 meeting or hearing of the Commission. 4 (g) SEcuRIYY CLEARANCES—The appropriate Fed- 15 coral agencies or departments shall cooperate with the 16 Commission in expeditiously providing appropriate seen- 17 rity clearafices to Commission members, as may be re- 18 quested, to the extent possible pursuant to existing proce- 19 dures and requirements, except that no person shall be 20 provided with access to classified information without the 21 appropriate security clearances. 22 SEC. 5. REPORTS TO CONGRESS. 23 (a) Ivrerim Rerorts.—Not later than six months 24 after its initial meeting, the Commission shall submit to 25 the Speaker of the House of Representatives, the SenateALBUS SLC. 13 1 majority leader, the House of Representatives minority leader, the Senate minor leader, the Committee on Homeland Security of the Tlouse of Representatives, the Committee on Homeland Seeurity and Governmental Af. fairs of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, the Permanent Seleet Committee on Intel- ligence of the House of Representatives, the Select Com- Cem rane ee mittee on Intelligence of the Senate, the Committee on 10 Energy and Commerce of the House of Representatives, IL and the Committee on Conuneree, Seience, and Transpor- 12 tation of the Senate a report outlining the activities of the 13. Commission to date, a plan of action moving forward, and 14 any initial findings, that have been agreed to by at least 1S 12 of the 16 voting members. Thereafter, the Commission 16 may submit to the congressional entities nanied above any 17 additional interim reports that have heen agreed to by at 18 least 12 of the 16 members of the Commission. 19 (b) Piva Report—Not later than 12 months after 20 the date of the initial meeting of the Commission, the 21 Commission shalt submit to the congressional entities list= 22 ed in subsection (a) a final report containing such find- 23 ings, conclusions, and recommendations as have been 24 agreed to by at least 12 of the 16 voting members of the 25 CommissionALBIS, SLC Caw Aner wD 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it (c) Dissexixu ViEws.—'The Rules of Procedure es- tablished in section (4)(f)(4) of this Act shall inelude pro- cedures by which any minority of commissioners may issue dissenting views, including dissenting findings and ree- ommendations. (d) Foru.—-Reports required under this. paragraph shall be submitted in unclassified form but may inchude a classified annex. SEC. 6. POWERS OF COMMISSION. (a) TIsanines AND INporst\T10x.—The Commission may, for the purpose of earrying out this Aet— (1) hold sueh hearings and sit and act at such times and places, take such testimony, receive such information, and administer such oaths as the Com- mission or such designated subcommittee or des- ignated member may determine advisable; and (2) subject to paragraph (1), require, by sub- poena 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) ScBPOR (1) IssvancALBIS ES cw yn sw Rw 12 13 14 15 16 17 18 19 20 21 22 23 Sue. 15 (A) IX GeNBRAL.—A subpoena for infor- mation 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 menihers of the Com- mission. (B) SIGNATURE.—Subjeet to subparagraph (A), subpoenas issued under this subsection may be issued under the signature of the chair~ man, anc may be served by any person des ignated by the chairman or by a member des: ignated by a majority of the Commission. (2) Exvorcement.—In the case of contumacy or failure to obey a subpoena issued under para- graph (1), the United States distriet cout for the judicial district in whieh the subpocnacd person re- sides, is served, or may be found, or where the sub- poena is returnable, may issue an order requiring such person to appear at any designated place te testify or to produce documentary or other evidence. An failure to obey the order of the court may be prnished by the court as contempt of that court. (c) ConTRACTING.—The Commission may, to such 24 extent and in such amounts as are provided in appropria-ALBIG218 sLe. 16 tion Acts, onter into contracts to enable the Commission to discharge its duties under this Act. (d) INporMATION FRoM FEDERAL AGENCIES.—The Commission is authorized to secure dircetly from any exec- utive department, bureau, ageney, board, commission, of- Government, information, suggestions, estimates, and sta- 1 2 3 4 5 6 fice, independent establishment, or instrumentality of the 7 8 tistics for the purposes of this Act. The head of each such 9 department, bureau, agency, board, commission, offies, 0 independent estublishment, or instrumentality shall, to the 11 oxtent authorized hy kaw, favnish such information, sug- 12. gestions, estimates, and statistics directly to the Commis- 13. sion, upon request made by the chairman and viee ehair- 14 man, the chairman of any subcommittee eveated by a ma- 15 jority of the Commission, or any member designated by 16 a majority of the Commission 17 (e) Recent, HaNpuinc, axp Sroraay or Ixror- 18 MATiON.—Sensitive or proprietary information shall only: 19 be received, handled, and stored! by members of the Com- 20 mission and its staff consistent with all applicable stat- 21. utes, regulations, and Exeentive orders. 22 (f) DISSEMINATION OF INFORMATION.—Information 23 obtained by members and staff of the Commission may 24 not be revealed or disseminated outside of the Commission 25 absent approval from a majority of the members of theALBU2IE Sue, WF 1 Commission. In addition, any dissemination of information 2 must be consistent with all applicable statutes, regula- 3 tions, and Executive orders. 4 (g) Assisrance From FEDsRaL AGENCIES 5 (1) GENERAL SERVICES ADMINISTRATION.— 6 Upon request by the executive director of the Com- 7 mission, the Administrator of General Services shall 8 provide to the Commission on a reimbursable basis 9 administrative support and other services for the 10 performance of the Commission’s functions under Bl this Act. 12 (2) OTHER DEPARTMENTS AND AGENCIES.—In 13 addition to the assistanee preseribed in paragraph 14 (1), the heads of Federal departments and agencies 15 may provide to the Commission such services, funds, 16 facilities, staff, and other support serviees as such 7 heads may determine advisable and as may be au- 18 thorized by law, 19 (b) Postal SeRvicEs.~-The Commission may use 20 the United States mail in the same manner and under the 21 same conditions as departments and agencies of the 22 United Siates.ALBIS SLC. 18 1 SEC. 7, NONAPPLICABILITY OF FEDERAL ADVISORY COM- 2 ‘MITTEE ACT. 3 ‘The Federal Advisory Committee Act (5 U.S.C. App.) 4 shall not apply to the Commission S SEC. 8. STAFF. 6 (a) AppornrENT.—The chairman and vieo chair- 7 man shall jointly appoint and fix the compensation of an 8 executive director and of and such other personnel as may 9 be necessary to enable the Coounission te carry ont its 10. timetions under this Act u (b) Sscunrty CLEARANCES—The appropriate Fed= 12 eral agencies or departments shall cooperate with the 13 Commission in expeditiously providing appropriate secus 14 rity clearances to Commission staff, as may be requested, 15. to the extent possible pursuant to oxi ing procedures and 16 requireients, except that no person shall be provided with IT a to classified information without the appropriate se- 18 curity clearances. 19 (¢) Derar.ins.—Any Federal Government employee 20 may he detailed to the Commission on a reimbursable 21 basis, and such detailee shall retain without intermption 22 the rights, status, and privileges of his or her regular en 23. ployment. 24° — (d) EXPERT AND CONSULTANT SeRvICHS—The 25 Commission is authorized to procure the services of ex- 26 perts and consultants in aceordance with section 3109 ofALBIG218, Sue. 19 1 title 5, United States Code, but at rates not to execed the daily rate paid a person occupying a position level IV of the Execntive Schedule under section 5315 of title 5, United States Code. (©) Voutsrsen SeRvIcEs—Notwithstanding sec- tion 1342 of title 31, United States Code, the Commission may accept. and use voluntary and uncompensated services as the Commission determines necessary. Caw aunsaurn SEC. 9. MEETING AND HEARINGS, 10 (a) Pupnic MEETINGS AND RELEASE OF PrBLic <8 OF REPOR'S. If Versto: ‘The Commission shalli— 12 (1) hold public hearings and meetings to the exe 13 tent appropriate; and 4 (2) release public yersions of the reports re- 1S quired under scetion 5. 16 (b) Prac Haines. —Any publie hearings of the 17 Commission shall be condneted in a manner consistent 18 with the protection of information provided to, or devel- 19 oped for or by the Commission, as required by any appliea- 20 ble statute, regulation, or Exeeutive order, al (©) Private Tmarixes—Any pri ate hearings of 22 the Commission shall be condueted in 1 manner consistent 23 with the protection of information provided to, or dovel- 24 oped for or by the Commi: jon, as required hy any applica- 25. ble statute, regulation, or Executive order. To the extentALBIO218 snc 20 1 practicable, the Commission shall release summaries of any official private hearings. SEC. 10. TERMINATION. (a) IN GENERAL.—The Comission, and all the au- thorities of this Act, shall terminate on the date that is 60 days after the date on which the final report is sub- mitted under seetion 5(b). (b) Apsnxwrrarive ActiviTias BEFORE TERMI Cm wank wD NATION.—The Commission may use the 60-day period re- 10 ferred to iv subsection (a) for the purpose of concluding 11 its ae Wvities, including providing testimony to committees 12. of Congress concerning its reports and disseminating the 13. final report under section 5(b), 14 SEC. 11. FUNDING. 15 (a) AUTHORIZATION OF APPROPRLATION.—No addi- 16 tional funds are authorized to be appropriated to carry 17 out this Act. 18 (b) Deratiox or AvaILaBILITY—Amounts made 19 available to the Commission under subsection (a) are au- 20 thorized to remain available until the termination of the 21 Commission in aveordance with section 10, 22 (¢) Reatnine Pexps—Any funds remaining upon 23. termination of the Commission under seetion 10 shall be 24 returned to the general fund of the Treasury for the pur- 25 pose of deficit reduction.