SEC. 3. ESTABLISHMENT OF THE NATIONAL COMMISSION 
ON 
SECURITY 
AND 
TECHNOLOGY 
CHAL-
LENGES. 
(a) IN GENERAL.—There is established in the legisla-
tive branch a commission to be known as the ‘‘National 
Commission on Security and Technology Challenges’’ (in 
this Act referred to as the ‘‘Commission’’). 
(b) PURPOSES.—The purposes of the Commission are 
the following: 
(1) To bring together leading experts and prac-
titioners from the technology sector, cryptography, 
law enforcement, intelligence, the privacy and civil 
liberties community, global commerce and econom-
ics, and the national security community to examine 
the intersection of security and digital security and 
communications technology in a systematic, holistic 
way, and determine the implications for national se-
curity, public safety, data security, privacy, innova-
tion, and American competitiveness in the global 
marketplace. 
(2) To submit to Congress a report, which shall 
include, at a minimum, each of the following: 
(A) An assessment of the issue of multiple 
security interests in the digital world, including 
public safety, privacy, national security, and 
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communications and data protection, both now 
and throughout the next 10 years. 
(B) A qualitative and quantitative assess-
ment of— 
(i) the economic and commercial value 
of cryptography and digital security and 
communications technology to the economy 
of the United States; 
(ii) the benefits of cryptography and 
digital security and communications tech-
nology to national security and crime pre-
vention; 
(iii) the role of cryptography and dig-
ital security and communications tech-
nology in protecting the privacy and civil 
liberties of the people of the United States; 
(iv) the effects of the use of cryptog-
raphy and other digital security and com-
munications technology on Federal, State, 
and local criminal investigations and 
counterterrorism enterprises; 
(v) the costs of weakening cryptog-
raphy and digital security and communica-
tions technology standards; and 
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(vi) international laws, standards, and 
practices regarding legal access to commu-
nications and data protected by cryptog-
raphy and digital security and communica-
tions technology, and the potential effect 
the development of disparate, and poten-
tially conflicting, laws, standards, and 
practices might have. 
(C) Recommendations for policy and prac-
tice, including, if the Commission determines 
appropriate, recommendations for legislative 
changes, regarding— 
(i) 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 secu-
rity and communications technology by ter-
rorists and criminals is sufficiently miti-
gated; 
(ii) the tools, training, and resources 
that could be used by law enforcement and 
national security agencies to adapt to the 
new realities of the digital landscape; 
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(iii) approaches to cooperation be-
tween the Government and the private sec-
tor to make it difficult for terrorists to use 
digital security and communications tech-
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 privacy and market competitive-
ness; 
(v) proposed changes to the proce-
dures for obtaining and executing warrants 
to make such procedures more efficient 
and cost-effective for the Government, 
technology companies, and telecommuni-
cations 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 criminal inves-
tigations and prosecutions from a foreign, 
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sovereign State, including reforming the 
mutual legal assistance treaty process, 
while protecting civil liberties and due 
process. 
SEC. 4. COMPOSITION OF COMMISSION. 
(a) MEMBERS.—The Commission shall be composed 
of 16 members, as follows: 
(1) Eight members who shall be appointed by 
the Speaker of the House and the Senate majority 
leader, one from each of the fields specified in sub-
section (b). One such member shall serve as the 
chairman of the Commission. 
(2) Eight members who shall be appointed by 
the minority leader in the House and the minority 
leader in the Senate, one from each of the fields 
specified in subsection (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 nonvoting member. 
(b) QUALIFICATIONS.—In accordance with subsection 
(a), individuals appointed to the Commission shall be 
United States citizens with significant knowledge and pri-
mary experience relevant to the mission of the Commission 
in one of the following fields: 
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(1) Cryptography. 
(2) Global commerce and economics. 
(3) Federal law enforcement. 
(4) State and local law enforcement. 
(5) Consumer-facing technology sector. 
(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 privacy and civil liberties community. 
(c) DEADLINE FOR APPOINTMENT.—All members of 
the Commission, with the exception of those serving in an 
ex officio capacity, shall be appointed by not later than 
30 days after the date of the enactment of this Act. 
(d) 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) COMPENSATION.—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 sub-
sistence, in the same manner as persons employed inter-
mittently in the Government service are allowed expenses 
under section 5703 of title 5, United States Code. 
(f) MEETINGS; RULES OF PROCEDURE; QUORUM.— 
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(1) MEETINGS.—The Commission shall hold its 
initial meeting and begin the operations of the Com-
mission by not later than 60 days after the date of 
the enactment of this Act. After such initial meeting, 
the Commission shall meet upon the call of the 
chairman or a majority of its members. 
(2) QUORUM.—A simple majority of members 
of the Commission shall constitute a quorum. 
(3) VOTING.—No proxy voting shall be allowed 
on behalf of a member of the Commission. 
(4) RULES OF PROCEDURE.—The Commission 
may establish rules for the conduct of the Commis-
sion’s business, if such rules are not inconsistent 
with this Act or other applicable laws. 
(5) NOTICE.—The chairman of the Commission 
shall provide 5 business days advance notice for any 
meeting or hearing of the Commission. 
(g) SECURITY CLEARANCES.—The appropriate Fed-
eral agencies or departments shall cooperate with the 
Commission in expeditiously providing appropriate secu-
rity clearances to Commission members, as may be re-
quested, to the extent possible pursuant to existing proce-
dures and requirements, except that no person shall be 
provided with access to classified information without the 
appropriate security clearances. 
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SEC. 5. REPORTS TO CONGRESS. 
(a) INTERIM REPORTS.—Not later than six months 
after its initial meeting, the Commission shall submit to 
the Speaker of the House of Representatives, the Senate 
majority leader, the House of Representatives minority 
leader, the Senate minority leader, the Committee on 
Homeland Security of the House of Representatives, the 
Committee on Homeland Security 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 Select Committee on Intel-
ligence of the House of Representatives, the Select Com-
mittee on Intelligence of the Senate, the Committee on 
Energy and Commerce of the House of Representatives, 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report outlining the activities of the 
Commission to date, a plan of action moving forward, and 
any initial findings, that have been agreed to by at least 
12 of the 16 voting members. Thereafter, the Commission 
may submit to the congressional entities named above any 
additional interim reports that have been agreed to by at 
least 12 of the 16 members of the Commission. 
(b) FINAL REPORT.—Not later than 12 months after 
the date of the initial meeting of the Commission, the 
Commission shall submit to the congressional entities list-
ed in subsection (a) a final report containing such find-
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ings, conclusions, and recommendations as have been 
agreed to by at least 12 of the 16 voting members of the 
Commission. 
(c) DISSENTING VIEWS.—The Rules of Procedure es-
tablished in section 4(f)(4) of this Act shall include proce-
dures by which any minority of commissioners may issue 
dissenting views, including dissenting findings and rec-
ommendations. 
(d) FORM.—Reports required under this paragraph 
shall be submitted in unclassified form but may include 
a classified annex. 
SEC. 6. POWERS OF COMMISSION. 
(a) HEARINGS AND INFORMATION.—The Commission 
may, for the purpose of carrying out this Act— 
(1) hold such 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 
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subcommittee or designated member may determine 
advisable. 
(b) SUBPOENAS.— 
(1) ISSUANCE.— 
(A) IN GENERAL.—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 members of the Com-
mission. 
(B) SIGNATURE.—Subject to subparagraph 
(A), subpoenas issued under this subsection 
may be issued under the signature of the chair-
man, and may be served by any person des-
ignated by the chairman or by a member des-
ignated by a majority of the Commission. 
(2) ENFORCEMENT.—In the case of contumacy 
or failure to obey a subpoena issued under para-
graph (1), the United States district court for the 
judicial district in which the subpoenaed 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 to 
testify or to produce documentary or other evidence. 
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Any failure to obey the order of the court may be 
punished by the court as contempt of that court. 
(c) CONTRACTING.—The Commission may, to such 
extent and in such amounts as are provided in appropria-
tion Acts, enter into contracts to enable the Commission 
to discharge its duties under this Act. 
(d) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission is authorized to secure directly from any exec-
utive department, bureau, agency, board, commission, of-
fice, independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, and sta-
tistics for the purposes of this Act. The head of each such 
department, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, to the 
extent authorized by law, furnish such information, sug-
gestions, estimates, and statistics directly to the Commis-
sion, upon request made by the chairman and vice chair-
man, the chairman of any subcommittee created by a ma-
jority of the Commission, or any member designated by 
a majority of the Commission. 
(e) RECEIPT, HANDLING, AND STORAGE OF INFOR-
MATION.—Sensitive or proprietary information shall only 
be received, handled, and stored by members of the Com-
mission and its staff consistent with all applicable stat-
utes, regulations, and Executive orders. 
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(f) 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 
Commission. In addition, any dissemination of information 
must be consistent with all applicable statutes, regula-
tions, and Executive orders. 
(g) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
Upon request by the executive director of the Com-
mission, 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 Act. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), the heads of Federal departments and agencies 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as such 
heads may determine advisable and as may be au-
thorized by law. 
(h) POSTAL SERVICES.—The Commission may use 
the United States mail in the same manner and under the 
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(d) EXPERT
AND CONSULTANT SERVICES.—The 
Commission is authorized to procure the services of ex-
perts 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 level IV of 
the Executive Schedule under section 5315 of title 5, 
United States Code. 
(e) VOLUNTEER 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. 
SEC. 9. MEETING AND HEARINGS. 
(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—The Commission shall— 
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the reports re-
quired under section 5. 
(b) PUBLIC HEARINGS.—Any public hearings of the 
Commission shall be conducted in a manner consistent 
with the protection of information provided to, or devel-
oped for or by the Commission, as required by any applica-
ble statute, regulation, or Executive order. 
(c) PRIVATE HEARINGS.—Any private hearings of 
the Commission shall be conducted in a manner consistent 
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with the protection of information provided to, or devel-
oped for or by the Commission, as required by any applica-
ble statute, regulation, or Executive order. To the extent 
practicable, the Commission shall release summaries of 
any official private hearings. 
SEC. 10. TERMINATION. 
(a) IN GENERAL.—The Commission, 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 section 5(b). 
(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The Commission may use the 60-day period re-
ferred to in subsection (a) for the purpose of concluding 
its activities, including providing testimony to committees 
of Congress concerning its reports and disseminating the 
final report under section 5(b). 
SEC. 11. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATION.—No addi-
tional funds are authorized to be appropriated to carry 
out this Act. 
(b) DURATION OF AVAILABILITY.—Amounts made 
available to the Commission under subsection (a) are au-
thorized to remain available until the termination of the 
Commission in accordance with section 10. 
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(c) REMAINING FUNDS.—Any funds remaining upon 
termination of the Commission under section 10 shall be 
returned to the general fund of the Treasury for the pur-
pose of deficit reduction. 
Æ 
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