S.Amdt. 2591

1. Adds TITLE II--COMMISSION ON PRIVACY RIGHTS IN THE DIGITAL AGE at the end of the bill

   Adds a title

   In S. 754 · Placed on Calendar Senate

   (b) Modification of Limitation on Dissemination of Certain Information Concerning Penetrations of Defense Contractor Networks.-- Section 941(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224 note) is amended by inserting at the end the following: "The Secretary may share such information with other Federal entities if such information consists of cyber threat indicators and defensive measures and such information is shared consistent with the policies and procedures promulgated by the Attorney General under section 5 of the Cybersecurity Information Sharing Act of 2015.".

   Inserted: TITLE II--COMMISSION ON PRIVACY RIGHTS IN THE DIGITAL AGE

   Inserted: SEC. 201. SHORT TITLE.

   Inserted: This title may be cited as the "Commission on Privacy Rights in the Digital Age Act of 2015".

   Inserted: SEC. 202. FINDINGS.

   Inserted: Congress makes the following findings:

   Inserted: (1) Today, technology that did not exist 30 years ago pervades every aspect of life in the United States.

   Inserted: (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.

   Inserted: (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.

   Inserted: (4) Federal policies on privacy protection have not kept pace with the rapid expansion of technology.

   Inserted: (5) Innovations in technology have led to the exponential expansion of data collection by both the public and private sectors.

   Inserted: (6) Consumers are often unaware of the collection of their data and how their information can be collected, bought, and sold by private companies.

   Inserted: SEC. 203. PURPOSE.

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   Inserted: The purpose of this title is to establish, for a 2-year period, a Commission on Privacy Rights in the Digital Age to--

   Inserted: (1) examine--

   Inserted: (A) the ways in which public agencies and private companies gather data on the people of the United States; and

   Inserted: (B) the ways in which that data is utilized, either internally or externally; and

   Inserted: (2) make recommendations concerning potential policy changes needed to safeguard the privacy of the people of the United States.

   Inserted: SEC. 204. COMPOSITION OF THE COMMISSION.

   Inserted: (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").

   Inserted: (b) Composition.--The Commission shall be composed of 13 members, as follows:

   Inserted: (1) Five members appointed by the President, of whom--

   Inserted: (A) 2 shall be appointed from the executive branch of the Government; and

   Inserted: (B) 3 shall be appointed from private life.

   Inserted: (2) Two members appointed by the majority leader of the Senate, of whom--

   Inserted: (A) 1 shall be a Member of the Senate; and

   Inserted: (B) 1 shall be appointed from private life.

   Inserted: (3) Two members appointed by the minority leader of the Senate, of whom--

   Inserted: (A) 1 shall be a Member of the Senate; and

   Inserted: (B) 1 shall be appointed from private life.

   Inserted: (4) Two members appointed by the Speaker of the House of Representatives, of whom--

   Inserted: (A) 1 shall be a Member of the House; and

   Inserted: (B) 1 shall be appointed from private life.

   Inserted: (5) Two members appointed by the minority leader of the House of Representatives, of whom--

   Inserted: (A) 1 shall be a Member of the House; and

   Inserted: (B) 1 shall be appointed from private life.

   Inserted: (c) Chairperson.--The Commission shall elect a Chairperson and Vice-Chairperson from among its members.

   Inserted: (d) Meetings; Quorum; Vacancies.--

   Inserted: (1) Meetings.--After its initial meeting, the Commission shall meet upon the call of the Chairperson or a majority of its members.

   Inserted: (2) Quorum.--Seven members of the Commission shall constitute a quorum.

   Inserted: (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.

   Inserted: (e) Appointment of Members; Initial Meeting.--

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 205. DUTIES OF THE COMMISSION.

   Inserted: The Commission shall--

   Inserted: (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--

   Inserted: (A) constitutional and statutory rights of privacy;

   Inserted: (B) transparency, as it relates to--

   Inserted: (i) government practices;

   Inserted: (ii) consumers; and

   Inserted: (iii) shareholders;

   Inserted: (C) waste, fraud, and abuse; and

   Inserted: (D) the effectiveness of congressional oversight; and

   Inserted: (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.

   Inserted: SEC. 206. POWERS OF THE COMMISSION.

   Inserted: (a) In General.--

   Inserted: (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--

   Inserted: (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

   Inserted: (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.

   Inserted: (2) Subpoenas.--

   Inserted: (A) Issuance.--

   Inserted: (i) In general.--A subpoena may be issued under paragraph (1) only--

   Inserted: (I) by the agreement of the Chairperson and the Vice Chairperson; or

   Inserted: (II) by the affirmative vote of 8 members of the Commission.

   Inserted: (ii) Signature.--Subject to clause (i), a subpoena issued under paragraph (1) may--

   Inserted: (I) be issued under the signature of--

   Inserted: (aa) the Chairperson; or

   Inserted: (bb) a member designated by a majority of the Commission; and

   Inserted: (II) be served by--

   Inserted: (aa) any person designated by the Chairperson; or

   Inserted: (bb) a member designated by a majority of the Commission.

   Inserted: (B) Enforcement.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (3) Witness allowances and fees.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (c) Information From Federal Agencies.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (d) Assistance From Federal Agencies.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 207. WHISTLEBLOWER PROTECTION.

   Inserted: (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--

   Inserted: (1) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding with the Commission under this title;

   Inserted: (2) testified or is preparing to testify in a proceeding described in paragraph (1);

   Inserted: (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

   Inserted: (4) refuses to violate the provisions of this title.

   Inserted: (b) Enforcement Action.--

   Inserted: (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--

   Inserted: (A) filing a complaint with the Secretary of Labor; or

   Inserted: (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.

   Inserted: (2) Procedure.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (E) Jury trial.--A party to an action brought under paragraph (1)(B) shall be entitled to trial by jury.

   Inserted: (c) Remedies.--

   Inserted: (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.

   Inserted: (2) Compensatory damages.--Relief for any action under paragraph (1) shall include--

   Inserted: (A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;

   Inserted: (B) the amount of back pay, with interest; and

   Inserted: (C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.

   Inserted: (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.

   Inserted: (e) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes.--

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 208. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

   Inserted: (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

   Inserted: (b) Public Hearings and Meetings.--The Commission shall--

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

   Inserted: (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.

   Inserted: SEC. 209. STAFF OF COMMISSION.

   Inserted: (a) In General.--

   Inserted: (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.

   Inserted: (2) Personnel as federal employees.--

   Inserted: (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.

   Inserted: (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission.

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 210. COMPENSATION AND TRAVEL EXPENSES.

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 211. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

   Inserted: 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.

   Inserted: SEC. 212. REPORTS OF COMMISSION; TERMINATION.

   Inserted: (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.

   Inserted: (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.

   Inserted: (c) Classified Information.--Each report submitted under subsection (a) or (b) shall be in unclassified form, but may include a classified annex.

   Inserted: (d) Termination.--

   Inserted: (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).

   Inserted: (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.

   Inserted: SEC. 213. FUNDING.

   Inserted: (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this title.

   Inserted: (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

   Original wording

   At the end, add the following:

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As printed