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.....................................................................
(Original Signature of Member)

H. R. ll

114TH CONGRESS
2D SESSION

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

IN THE HOUSE OF REPRESENTATIVES
Mr. MCCAUL (for himself and [see ATTACHED LIST of cosponsors]) introduced
the following bill; which was referred to the Committee on
lllllllllllllll

A BILL
To establish in the legislative branch the National
Commission on Security and Technology Challenges.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4

(a) SHORT TITLE.—This Act may be cited as the

5 ‘‘lllllll Act of 2016’’.
6

(b) TABLE

OF

CONTENTS.—The table of contents for

7 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.

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2
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.

1

SEC. 2. FINDINGS.

2

Congress finds the following:

3

(1) Today, more than ever before, digital secu-

4

rity and communications technology, national secu-

5

rity, public safety, and counterterrorism are inex-

6

tricably linked; indeed, digital security and commu-

7

nications technology plays a critically important role

8

in efforts to keep the United States and its citizens

9

safe.

10

(2) Technological innovation and development is

11

critical to the United States economy and the com-

12

petitiveness of United States businesses in the global

13

marketplace.

14

(3) Technology companies represent some of

15

the largest employers in the United States and con-

16

tribute significantly to the gross domestic product of

17

the United States.

18

(4) The digital security and communications

19

technology that the people of the United States use

20

every day to protect communications and data, in-

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3
1

cluding encryption, is essential to the present and

2

future of the United States.

3

(5) Digital security and communications tech-

4

nology helps to protect critical infrastructure, finan-

5

cial and banking systems, health records, online se-

6

curity, commercial transactions, proprietary enter-

7

prise and governmental information, and privacy and

8

civil liberties.

9

(6) The same technology that benefits the peo-

10

ple of the United States in so many ways also pre-

11

sents new challenges; in the wrong hands, digital se-

12

curity and communications technology can be used

13

to facilitate crime and terrorism and is used by mali-

14

cious actors, including drug traffickers, child preda-

15

tors, and cybercriminals, to carry out criminal activi-

16

ties.

17

(7) Terrorist and criminal organizations use

18

digital security and communications technology to

19

evade law enforcement and national security entities

20

when plotting attacks and recruiting supporters in

21

the United States and abroad, and law enforcement

22

and national security authorities have indicated that

23

the use of this technology presents unique challenges

24

to their ability to protect the public.

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4
1

(8) Rapidly evolving technological advancements

2

drive the modern economy in many ways, but can

3

also create challenges for the law enforcement and

4

national security communities.

5

(9) Ensuring that analysts, law enforcement of-

6

ficers, and policymakers fully understand the dy-

7

namic digital landscape will become increasingly im-

8

portant in the coming decades.

9

(10) The United States currently faces the dif-

10

ficult question of how best to take advantage of the

11

security and privacy benefits digital security and

12

communications technology provides, while at the

13

same time ensuring that the dangers posed by the

14

use of digital security and communications tech-

15

nology by terrorists and criminals is mitigated; in-

16

deed, the challenge is to reconcile equally important

17

security interests.

18

(11) Despite years of dialogue between the

19

technology sector, law enforcement, national security

20

professionals, and others, no clear path forward has

21

been developed that would benefit each of the critical

22

security interests simultaneously; rather, there seems

23

to be a consensus among stakeholders, lawmakers,

24

and experts that the question of reconciling com-

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5
1

peting security interests is one without an easy or

2

obvious answer.

3

(12) Leading experts and practitioners from the

4

technology sector, cryptography, law enforcement,

5

intelligence, the privacy and civil liberties commu-

6

nity, global commerce and economics, and the na-

7

tional security community must be brought together

8

to examine these issues in a systematic, holistic way

9

and determine the implications for national security,

10

public safety, data security, privacy, innovation, and

11

American competitiveness in the global marketplace.

12

(13) It is important to approach these issues

13

with recognition that the communications market-

14

place is increasingly global and marked by competi-

15

tion from foreign firms and the growing prominence

16

of international technical standards.

17

(14) With respect to competing security inter-

18

ests, it is incumbent upon the United States to be

19

forward thinking and to assess how it can and

20

should adapt to the emerging challenges of the dig-

21

ital world.

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6
1

SEC. 3. ESTABLISHMENT OF THE NATIONAL COMMISSION

2

ON

3

LENGES.

4

SECURITY

AND

TECHNOLOGY

CHAL-

(a) IN GENERAL.—There is established in the legisla-

5 tive branch a commission to be known as the ‘‘National
6 Commission on Security and Technology Challenges’’ (in
7 this Act referred to as the ‘‘Commission’’).
8

(b) PURPOSES.—The purposes of the Commission are

9 the following:
10

(1) To bring together leading experts and prac-

11

titioners from the technology sector, cryptography,

12

law enforcement, intelligence, the privacy and civil

13

liberties community, global commerce and econom-

14

ics, and the national security community to examine

15

the intersection of security and digital security and

16

communications technology in a systematic, holistic

17

way, and determine the implications for national se-

18

curity, public safety, data security, privacy, innova-

19

tion, and American competitiveness in the global

20

marketplace.

21
22

(2) To submit to Congress a report, which shall
include, at a minimum, each of the following:

23

(A) An assessment of the issue of multiple

24

security interests in the digital world, including

25

public safety, privacy, national security, and

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7
1

communications and data protection, both now

2

and throughout the next 10 years.

3

(B) A qualitative and quantitative assess-

4

ment of—

5

(i) the economic and commercial value

6

of cryptography and digital security and

7

communications technology to the economy

8

of the United States;

9

(ii) the benefits of cryptography and

10

digital security and communications tech-

11

nology to national security and crime pre-

12

vention;

13

(iii) the role of cryptography and dig-

14

ital security and communications tech-

15

nology in protecting the privacy and civil

16

liberties of the people of the United States;

17

(iv) the effects of the use of cryptog-

18

raphy and other digital security and com-

19

munications technology on Federal, State,

20

and

21

counterterrorism enterprises;

criminal

investigations

and

22

(v) the costs of weakening cryptog-

23

raphy and digital security and communica-

24

tions technology standards; and

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8
1

(vi) international laws, standards, and

2

practices regarding legal access to commu-

3

nications and data protected by cryptog-

4

raphy and digital security communications

5

technology, and the potential effect the de-

6

velopment of disparate, and potentially

7

conflicting, laws, standards, and practices

8

might have.

9

(C) Recommendations for policy and prac-

10

tice, including, if the Commission determines

11

appropriate, recommendations for legislative

12

changes, regarding—

13

(i) methods to be used to allow the

14

United States Government and civil society

15

to take advantage of the benefits of digital

16

security and communications technology

17

while at the same time ensuring that the

18

danger posed by the abuse of digital secu-

19

rity and communications technology by ter-

20

rorists and criminals is sufficiently miti-

21

gated;

22

(ii) the tools, training, and resources

23

that could be used by law enforcement and

24

national security agencies to adapt to the

25

new realities of the digital landscape;

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9
1

(iii) approaches to cooperation be-

2

tween the Government and the private sec-

3

tor to make it difficult for terrorists to use

4

digital security and communications tech-

5

nology

6

operationalize ttacks;

mobilize,

facilitate,

and

7

(iv) any revisions to the law applicable

8

to wiretaps and warrants for digital data

9

content necessary to better correspond

10

with present and future innovations in

11

communications and data security, while

12

preserving privacy and market competitive-

13

ness;

14

(v) proposed changes to the proce-

15

dures for obtaining and executing warrants

16

to make such procedures more efficient

17

and cost-effective for the Government,

18

technology companies, and telecommuni-

19

cations and broadband service providers;

20

and

21

(vi) any steps the United States could

22

take to lead the development of inter-

23

national standards for requesting and ob-

24

taining digital evidence for criminal inves-

25

tigations and prosecutions from a foreign,

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10
1

sovereign State, including reforming the

2

mutual legal assistance treaty process,

3

while protecting civil liberties and due

4

process.

5

SEC. 4. COMPOSITION OF COMMISSION.

6

(a) MEMBERS.—The Commission shall be composed

7 of 16 members, as follows:
8

(1) Eight members who shall be appointed by

9

the Speaker of the House and Senate majority lead-

10

er, one from each of the fields specified in subsection

11

(b). One such member shall serve as the chairman

12

of the Commission.

13

(2) Eight members who shall be appointed by

14

the minority leader in the House and the minority

15

leader in the Senate, one from each of the fields

16

specified in subsection (b). One such member shall

17

serve as the vice chairman of the commission.

18

(3) One additional individual who shall be ap-

19

pointed by the President and who shall serve in an

20

ex officio capacity as a non-voting member.

21

(b) QUALIFICATIONS.—In accordance with subsection

22 (a), individuals appointed to the Commission shall be
23 United States citizens with significant knowledge and pri24 mary experience relevant to the mission of the Commission
25 in one of the following fields:

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11
1

(1) Cryptography.

2

(2) Global commerce and economics.

3

(3) Federal law enforcement.

4

(4) State and local law enforcement.

5

(5) Consumer-facing technology sector.

6

(6) Enterprise technology sector.

7

(7) The intelligence community (as such term is

8

defined in section 3(4) of the National Security Act

9

of 1947 (50 U.S.C. 3003(4)).

10
11

(8) The privacy and civil liberties community.
(c) DEADLINE

FOR

APPOINTMENT.—All members of

12 the Commission, with the exception of those serving in an
13 ex officio capacity, shall be appointed by not later than
14 30 days after the date of the enactment of this Act.
15

(d) VACANCIES.—Any vacancy in the Commission

16 shall not affect its powers, but shall be filled in the same
17 manner in which the original appointment was made.
18

(e) COMPENSATION.—While away from their homes

19 or regular places of business in the performance of services
20 for the Commission, members of the Commission shall be
21 allowed travel expenses, including per diem in lieu of sub22 sistence, in the same manner as persons employed inter23 mittently in the Government service are allowed expenses
24 under section 5703 of title 5, United States Code.
25

(f) MEETINGS; RULES

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PROCEDURE; QUORUM.—

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12
1

(1) MEETINGS.—The Commission shall hold its

2

initial meeting and begin the operations of the Com-

3

mission by not later than 60 days after the date of

4

the enactment of this Act. After such initial meeting,

5

the Commission shall meet upon the call of the

6

chairman or a majority of its members.

7
8

(2) QUORUM.—A simple majority of members
of the Commission shall constitute a quorum.

9
10

(3) VOTING.—No proxy voting shall be allowed
on behalf of a member of the Commission.

11

(4) RULES

OF PROCEDURE.—The

Commission

12

may establish rules for the conduct of the Commis-

13

sion’s business, if such rules are not inconsistent

14

with this Act or other applicable laws.

15

(5) NOTICE.—The chairman of the Commission

16

shall provide 5 business days advance notice for any

17

meeting or hearing of the Commission.

18

(g) SECURITY CLEARANCES.—The appropriate Fed-

19 eral agencies or departments shall cooperate with the
20 Commission in expeditiously providing appropriate secu21 rity clearances to Commission members, as may be re22 quested, to the extent possible pursuant to existing proce23 dures and requirements, except that no person shall be
24 provided with access to classified information without the
25 appropriate security clearances.

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13
1

SEC. 5. REPORTS TO CONGRESS.

2

(a) INTERIM REPORTS.—Not later than six months

3 after its initial meeting, the Commission shall submit to
4 the Speaker of the House of Representatives, the Senate
5 majority leader, the House of Representatives minority
6 leader, the Senate minority leader, the Committee on
7 Homeland Security of the House of Representatives, the
8 Committee on Homeland Security and Governmental Af9 fairs of the Senate, the Committee on the Judiciary of the
10 House of Representatives, the Committee on the Judiciary
11 of the Senate, the Permanent Select Committee on Intel12 ligence of the House of Representatives, the Select Com13 mittee on Intelligence of the Senate, the Committee on
14 Energy and Commerce of the House of Representatives,
15 and the Committee on Commerce, Science, and Transpor16 tation of the Senate a report outlining the activities of the
17 Commission to date, a plan of action moving forward, and
18 any initial findings that have been agreed to by at least
19 12 of the 16 voting members. Thereafter, the Commission
20 may submit to the congressional entities named above any
21 additional interim reports that have been agreed to by at
22 least 12 of the 16 members of the Commission.
23

(b) FINAL REPORT.—Not later than 12 months after

24 the date of the initial meeting of the Commission, the
25 Commission shall submit to the congressional entities list26 ed in subsection (a) a final report containing such findf:\VHLC\022616\022616.089.xml
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14
1 ings, conclusions, and recommendations as have been
2 agreed to by at least 12 of the 16 voting members of the
3 Commission.
4

(c) DISSENTING VIEWS.—The Rules of Procedure es-

5 tablished in section (4)(f)(4) of this Act shall include pro6 cedures by which any minority of commissioners may issue
7 dissenting views, including dissenting findings and rec8 ommendations.
9

(d) FORM.—Reports required under this paragraph

10 shall be submitted in unclassified form but may include
11 a classified annex.
12

SEC. 6. POWERS OF COMMISSION.

13

(a) HEARINGS AND INFORMATION.—The Commission

14 may, for the purpose of carrying out this Act—
15

(1) hold such hearings and sit and act at such

16

times and places, take such testimony, receive such

17

information, and administer such oaths as the Com-

18

mission or such designated subcommittee or des-

19

ignated member may determine advisable; and

20

(2) subject to paragraph (1), require, by sub-

21

poena or otherwise, the attendance and testimony of

22

such witnesses and the production of such books,

23

records, correspondence, memoranda, papers, and

24

documents, as the Commission or such designated

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15
1

subcommittee or designated member may determine

2

advisable.

3

(b) SUBPOENAS.—

4

(1) ISSUANCE.—

5

(A) IN

subpoena for infor-

6

mation that is materially relevant to the duties

7

of the Commission may be issued under this

8

subsection only by the affirmative vote of at

9

least 12 of the 16 voting members of the Com-

10

mission.

11

(B) SIGNATURE.—Subject to subparagraph

12

(A), subpoenas issued under this subsection

13

may be issued under the signature of the chair-

14

man, and may be served by any person des-

15

ignated by the chairman or by a member des-

16

ignated by a majority of the Commission.

17

(2) ENFORCEMENT.—In the case of contumacy

18

or failure to obey a subpoena issued under para-

19

graph (1), the United States district court for the

20

judicial district in which the subpoenaed person re-

21

sides, is served, or may be found, or where the sub-

22

poena is returnable, may issue an order requiring

23

such person to appear at any designated place to

24

testify or to produce documentary or other evidence.

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GENERAL.—A

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16
1

Any failure to obey the order of the court may be

2

punished by the court as contempt of that court.

3

(c) CONTRACTING.—The Commission may, to such

4 extent and in such amounts as are provided in appropria5 tion Acts, enter into contracts to enable the Commission
6 to discharge its duties under this Act.
7

(d) INFORMATION FROM FEDERAL AGENCIES.—The

8 Commission is authorized to secure directly from any exec9 utive department, bureau, agency, board, commission, of10 fice, independent establishment, or instrumentality of the
11 Government, information, suggestions, estimates, and sta12 tistics for the purposes of this Act. The head of each such
13 department, bureau, agency, board, commission, office,
14 independent establishment, or instrumentality shall, to the
15 extent authorized by law, furnish such information, sug16 gestions, estimates, and statistics directly to the Commis17 sion, upon request made by the chairman and vice chair18 man, the chairman of any subcommittee created by a ma19 jority of the Commission, or any member designated by
20 a majority of the Commission.
21
22

(e) RECEIPT, HANDLING,
MATION.—Sensitive

AND

STORAGE

OF

INFOR-

or proprietary information shall only

23 be received, handled, and stored by members of the Com24 mission and its staff consistent with all applicable stat25 utes, regulations, and Executive orders.

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17
1

(f) DISSEMINATION

OF

INFORMATION.—Information

2 obtained by members and staff of the Commission may
3 not be revealed or disseminated outside of the Commission
4 absent approval from a majority of the members of the
5 Commission. In addition, any dissemination of information
6 must be consistent with all applicable statutes, regula7 tions, and Executive orders.
8

(g) ASSISTANCE FROM FEDERAL AGENCIES.—

9

(1) GENERAL

SERVICES

ADMINISTRATION.—

10

Upon request by the executive director of the Com-

11

mission, the Administrator of General Services shall

12

provide to the Commission on a reimbursable basis

13

administrative support and other services for the

14

performance of the Commission’s functions under

15

this Act.

16

(2) OTHER

DEPARTMENTS AND AGENCIES.—In

17

addition to the assistance prescribed in paragraph

18

(1), the heads of Federal departments and agencies

19

may provide to the Commission such services, funds,

20

facilities, staff, and other support services as such

21

heads may determine advisable and as may be au-

22

thorized by law.

23

(h) POSTAL SERVICES.—The Commission may use

24 the United States mail in the same manner and under the

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18
1 same conditions as departments and agencies of the
2 United States.
3

SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COM-

4

MITTEE ACT.

5

The Federal Advisory Committee Act (5 U.S.C. App.)

6 shall not apply to the Commission.
7

SEC. 8. STAFF.

8

(a) APPOINTMENT.—The chairman and vice chair-

9 man shall jointly appoint and fix the compensation of an
10 executive director and of and such other personnel as may
11 be necessary to enable the Commission to carry out its
12 functions under this Act.
13

(b) SECURITY CLEARANCES.—The appropriate Fed-

14 eral agencies or departments shall cooperate with the
15 Commission in expeditiously providing appropriate secu16 rity clearances to Commission staff, as may be requested,
17 to the extent possible pursuant to existing procedures and
18 requirements, except that no person shall be provided with
19 access to classified information without the appropriate se20 curity clearances.
21

(c) DETAILEES.—Any Federal Government employee

22 may be detailed to the Commission on a reimbursable
23 basis, and such detailee shall retain without interruption
24 the rights, status, and privileges of his or her regular em25 ployment.

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19
1

(d) EXPERT

AND

CONSULTANT SERVICES.—The

2 Commission is authorized to procure the services of ex3 perts and consultants in accordance with section 3109 of
4 title 5, United States Code, but at rates not to exceed the
5 daily rate paid a person occupying a position level IV of
6 the Executive Schedule under section 5315 of title 5,
7 United States Code.
8

(e) VOLUNTEER SERVICES.—Notwithstanding sec-

9 tion 1342 of title 31, United States Code, the Commission
10 may accept and use voluntary and uncompensated services
11 as the Commission determines necessary.
12

SEC. 9. MEETING AND HEARINGS.

13

(a) PUBLIC MEETINGS

AND

RELEASE

OF

PUBLIC

14 VERSIONS OF REPORTS.—The Commission shall—
15
16

(1) hold public hearings and meetings to the extent appropriate; and

17

(2) release public versions of the reports re-

18

quired under section 5.

19

(b) PUBLIC HEARINGS.—Any public hearings of the

20 Commission shall be conducted in a manner consistent
21 with the protection of information provided to, or devel22 oped for or by the Commission, as required by any applica23 ble statute, regulation, or Executive order.
24

(c) PRIVATE HEARINGS.—Any private hearings of

25 the Commission shall be conducted in a manner consistent

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20
1 with the protection of information provided to, or devel2 oped for or by the Commission, as required by any applica3 ble statute, regulation, or Executive order. To the extent
4 practicable, the Commission shall release summaries of
5 any official private hearings.
6

SEC. 10. TERMINATION.

7

(a) IN GENERAL.—The Commission, and all the au-

8 thorities of this Act, shall terminate on the date that is
9 60 days after the date on which the final report is sub10 mitted under section 5(b).
11
12

(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The

Commission may use the 60-day period re-

13 ferred to in subsection (a) for the purpose of concluding
14 its activities, including providing testimony to committees
15 of Congress concerning its reports and disseminating the
16 final report under section 5(b).
17

SEC. 11. FUNDING.

18

(a) AUTHORIZATION

OF

APPROPRIATION.—No addi-

19 tional funds are authorized to be appropriated to carry
20 out this Act. This Act shall be carried out using existing
21 funds.
22

(b) DURATION

OF

AVAILABILITY.—Amounts made

23 available to the Commission under subsection (a) are au24 thorized to remain available until the termination of the
25 Commission in accordance with section 10.

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21
1

(c) REMAINING FUNDS.—Any funds remaining upon

2 termination of the Commission under section 10 shall be
3 returned to the general fund of the Treasury for the pur4 pose of deficit reduction.

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