116 HR 4668 IH: Digital Citizenship and Media Literacy Act
U.S. House of Representatives
2019-10-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4668IN THE HOUSE OF REPRESENTATIVESOctober 11, 2019Ms. Slotkin (for herself, Mr. Langevin, Ms. Houlahan, Ms. Underwood, Ms. Spanberger, Ms. Sherrill, and Ms. Torres Small of New Mexico) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo promote digital citizenship and media literacy.

 1.Short titleThis Act may be cited as the Digital Citizenship and Media Literacy Act. 2.FindingsCongress finds the following:
 (1)People in the United States rely on information from mass media, social media, and digital media to make decisions about all aspects of social, economic, and political life, including products and services consumption, employment, career and professional development, family and leisure choices, health and wellness, and democratic engagement. Ensuring that people in the United States possess the skills to make these informed decisions based on media begins early in life.
 (2)Adversaries from Russia, China, and Iran are using information warfare to influence democracies across the world, and terrorist organizations often use digital communications to recruit members. The United States can fight these influences by ensuring that citizens of the United States possess the necessary skills to discern disinformation and misinformation and think critically about their digital activities.
 (3)Influence campaigns by foreign and domestic groups reached tens of millions of voters during the 2016 and 2018 elections with racially and divisively targeted messages. The preservation of elections free of foreign influence is of utmost importance, and therefore Congress must take steps to counter influence campaigns with media literacy.
 (4)Media literacy education is critical to allow young people to make informed decisions about products and services, education, health and wellness, and democratic decisions associated with public policy. Media literacy education must be inclusive and accessible for all students, including at-risk students and students with disabilities. Media literacy empowers young people and gives them the agency to make informed decisions about their future, advertisements, the use of controlled substances, nutrition, and physical health. Equipping students with the skills to make informed decisions in these areas contributes to the betterment of mental health and public health.
 (5)A successful and inclusive media literacy program must be directed at students beginning in kindergarten and should continue throughout the completion of postsecondary education. Learning to critically analyze and create media is a lifelong process that can be developed by integrating media literacy competencies into academic curriculum across content areas and disciplines.
 (6)Media literacy also allows young people to develop the critical thinking skills that will help them become informed voters. The right to vote is a fundamental right afforded to United States citizens by the Constitution. The unimpeded free exercise of this right is essential to the functioning of our democracy. The process to protect our democracy begins with educating young people in the United States to ensure that the young people possess the skills to engage in civic activities, engage with communities, and eventually become informed voters.
			3.Grant program established
 (a)DefinitionsIn this section: (1)At-riskThe term at-risk has the meaning given the term in section 1432 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6472).
 (2)ESEA definitionsThe terms child with a disability, local educational agency, State educational agency, specialized instructional support personnel, and universal design for learning have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
 (3)Eligible entityThe term eligible entity means— (A)a State educational agency; or
 (B)a local educational agency. (4)Digital citizenshipThe term digital citizenship means the ability to—
 (A)safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms;
 (B)create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and
 (C)participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media.
 (5)Media literacyThe term media literacy means the ability to— (A)access relevant and accurate information through media in a variety of forms;
 (B)critically analyze media content and the influences of different forms of media; (C)evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information;
 (D)make educated decisions based on information obtained from media and digital sources; (E)operate various forms of technology and digital tools; and
 (F)reflect on how the use of media and technology may affect private and public life. (6)SecretaryThe term Secretary means the Secretary of Education.
 (b)In generalThe Secretary shall establish a program to promote media literacy, through which the Secretary shall award grants to eligible entities to enable those eligible entities to carry out the activities described in this subsection (d).
 (c)ApplicationAn eligible entity that desires a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including, at a minimum—
 (1)a description of the activities the eligible entity intends to carry out with the grant funds; (2)an estimate of the costs associated with such activities; and
 (3)such other information and assurances as the Secretary may require. (d)Use of funds (1)State educational agencies (A)In generalAn eligible entity that is a State educational agency receiving a grant under this Act shall use grant funds to carry out one or more of the following activities:
 (i)Creating and supporting a media literacy advisory council to— (I)provide recommendations about digital citizenship and media literacy guidelines;
 (II)identify barriers and opportunities for implementing media literacy in kindergarten through grade 12 in public schools in the State for all students, including students who are children with disabilities;
 (III)identify best practices and effective models for media literacy education, including incorporating universal design for learning and providing additional accommodations for students who are children with disabilities when needed;
 (IV)identify existing models of curriculum and existing policies in different States that are aimed at overcoming the barriers identified in subclause (II);
 (V)gather data or conduct research to assess the media literacy and digital citizenship competencies of students, teachers, or specialized instructional support personnel;
 (VI)submit a report to the State educational agency containing findings and recommendations regarding the items identified under this clause; and
 (VII)annually update those findings and recommendations. (ii)Assisting local educational agencies in the development of units of instruction on media literacy, either as a new subject or as a part of the existing curriculum.
 (iii)Assisting local agencies in developing means of evaluating student learning in media literacy. (iv)Assisting local agencies in developing or providing professional development for teachers that relates to media literacy.
						(B)Media Literacy Advisory Council
 (i)MembersThe Media Literacy Advisory Council described in subparagraph (A)(i) shall include experts in media literacy, including academic experts, individuals from nonprofit organizations, individuals with expertise in education for students who are children with disabilities, teachers, librarians, representatives from parent organizations, educators, administrators, students, and other stakeholders.
 (ii)Diversity of representationSuch membership shall include representation from rural and urban local educational agencies, small and large schools, high- and low-resource schools, teachers of at-risk students and children with disabilities, and schools in communities from diverse racial and ethnic backgrounds.
						(C)Guidelines
 (i)In generalA State educational agency that creates a media literacy advisory council under subparagraph (A)(i) shall, only after consideration of the findings and recommendations described in subparagraph (A)(i)(I) and (VI), develop and publish on the State educational agency website inclusive digital citizenship and media literacy guidelines for students in kindergarten through grade 12 in public schools in the State.
 (ii)RequirementsThe guidelines described in clause (i) shall be designed to develop media literacy and digital citizenship competencies by promoting students’—
 (I)research and information fluency; (II)critical thinking and problem solving skills;
 (III)technology operations and concepts; (IV)information and technological literacy;
 (V)concepts of media representation and stereotyping; (VI)understanding of explicit and implicit media messages;
 (VII)understanding of values and points of view that are included and excluded in media content; (VIII)understanding of how media may influence ideas and behaviors;
 (IX)understanding of the importance of obtaining information from multiple media sources and evaluating sources for quality;
 (X)understanding how information on digital platforms can be altered through algorithms, editing, and augmented reality; and
 (XI)ability to create media in civically and socially responsible ways. (2)Local educational agenciesAn eligible entity that is a local educational agency receiving a grant under this Act shall use grant funds to carry out one or more of the following activities:
 (A)Incorporating digital citizenship and media literacy into the existing curriculum (across content and disciplinary areas) or establishing new educational opportunities to learn about media literacy.
 (B)Employing specialized instructional support personnel, such as a librarian or other personnel who can provide instructional services in media literacy.
 (C)Providing funding to educators who are carrying out activities described in subparagraph (A) to further their professional development in relation to media literacy, including funding for traveling to media literacy conferences to share knowledge with regional and national stakeholders.
 (D)Other activities, including student led efforts, to support, develop, or promote the implementation of media literacy education programs, policies, teacher preparation, curriculum, or standards.
					(e)Reporting
 (1)Reports by eligible entitiesNot later than 1 year after the date the eligible entity receives grant funds under this Act, each eligible entity shall prepare and submit to the Secretary a report describing the activities the eligible entity carried out using grant funds and the effectiveness of those activities.
 (2)Report by the SecretaryNot later than 90 days after the Secretary receives the report described in paragraph (1) from the last eligible entity to submit such a report, the Secretary shall prepare and submit a report to Congress describing the activities carried out under this Act and the effectiveness of those activities.
				4.Federal Advisory Council
 (a)In generalThe Secretary shall establish a Federal Advisory Council to assist the Secretary in evaluating and awarding grants under this section 3 and developing and making available to States and local educational agencies evidence-based model curricula and standards for media literacy education.
 (b)CompositionThe Advisory Council shall— (1)include representation from rural and urban local educational agencies, small and large schools, high- and low-resource schools, teachers of children with disabilities, and schools in communities from diverse racial and ethnic backgrounds; and
 (2)be composed of experts in media literacy and digital citizenship, including academic experts, individuals from nonprofit organizations, individuals with expertise in education for at-risk students, and students who are children with disabilities, teachers, librarians, representatives from parent associations, educators, administrators, students, and other stakeholders.
 5.GAO studyNot later than 180 days after the enactment of this Act, the Government Accountability Office shall submit a report to Congress on—
 (1)media literacy and digital citizenship competencies among elementary school and secondary school students in diverse local educational agencies, including rural and urban schools, small and large schools, high- and low-resource schools, and schools in communities from diverse racial and ethnic backgrounds;
 (2)media literacy and digital citizenship education programs at the State and local levels, including across content and disciplinary areas; and
 (3)the impact of media literacy and digital citizenship education on student outcomes, including academic performance, health and well-being, and civic engagement.
 6.Sense of CongressIt is the sense of Congress that the Secretary should establish and maintain a list of eligible entities that receive a grant under this Act, and individuals designated by those eligible entities as participating individuals. The Secretary should make that list available to those eligible entities and participating individuals in order to promote communication and further exchange of information regarding sound digital citizenship and media literacy practices among recipients of a grant under this Act.
 7.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2020, 2022, and 2024.


		I
		112th CONGRESS
		1st Session
		H. R. 1095
		IN THE HOUSE OF REPRESENTATIVES

			March 15, 2011
			Mr. Paul introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To sunset Federal laws and regulations which treat the
		  American people like children by denying them the opportunity to make their own
		  decision regarding control of their bank accounts and what type of information
		  they wish to receive from their banks, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Freedom to Bank
			 Act.
		2.Sunset of Federal
			 laws requiring penalties for withdrawals from transaction or time
			 accountsAny provision of any
			 Federal law, other than the Internal Revenue Code of 1986, that imposes, or
			 requires the imposition of, any penalty on any consumer for withdrawing or
			 transferring funds from any transaction account (as defined in section
			 19(b)(1)(C) of the Federal Reserve Act) or any savings or time deposit, and any
			 regulation prescribed under any such law, shall cease to be effective as of the
			 date of the enactment of this Act.
		3.Sunset of Federal
			 laws requiring financial institutions to provide statements of accounts except
			 at the request of the consumer
			(a)In
			 generalNotwithstanding the
			 Truth in Lending Act, the Electronic Fund Transfer Act, the Truth in Savings
			 Act, and any other provision of Federal law that requires a creditor,
			 depository institution, or credit union to provide periodic statements of
			 accounts, after the date of the enactment of this Act, no creditor, depository
			 institution, or credit union shall be required to provide periodic statements
			 of account to any customer unless the customer has notified the creditor,
			 depository institution, or credit union that the customer elects to receive
			 such statements.
			(b)Notice to
			 consumers of optionsEach
			 creditor, depository institution, or credit union shall establish a procedure
			 for notifying customers of their right to elect to receive statements of
			 account and the method for implementing such election. If the creditor,
			 depository institution, or credit union has the capacity to offer statements of
			 account electronically, the creditor, depository institution, or credit union
			 shall use the notification procedure established under the preceding sentence
			 to make the consumer aware of the existence of the option to receive an
			 electronic statement.


		I
		112th CONGRESS
		2d Session
		H. R. 4408
		IN THE HOUSE OF REPRESENTATIVES

			April 19, 2012
			Ms. Bordallo
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services, and in addition to the Committee on
			 Natural Resources, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Sikes Act to promote the use of cooperative
		  agreements under such Act for land management related to Department of Defense
		  installations and to amend title 10, United States Code, to facilitate
		  interagency cooperation in conservation programs.

		1.Cooperative agreements under
			 Sikes Act for land management related to Department of Defense
			 installations
			(a)Multiyear
			 agreements To fund endowmentSubsection (b) of section 103A of the Sikes
			 Act (16 U.S.C. 670c–1) is amended—
				(1)by inserting (1) before
			 Funds; and
				(2)by adding at the
			 end the following new paragraph:

						(2)In the case of a cooperative agreement
				described in subsection (a)(2), funds appropriated to the Department of Defense
				for a fiscal year may be obligated to cover the cost of funding an endowment
				for the costs of natural resource maintenance and improvement activities
				provided for under the
				agreement.
						.
				(b)Availability of
			 funds and relation to other lawsSubsection (c) of such section
			 is amended to read as follows:

					(c)Availability of
				funds and relation to other laws(1)Cooperative agreements and interagency
				agreements entered into under this section shall be subject to the availability
				of funds.
						(2)Notwithstanding chapter 63 of title
				31, United States Code, a cooperative agreement under this section may be used
				to acquire property or services for the direct benefit or use of the United
				States
				Government.
						.
			2.Facilitation of
			 interagency cooperation in conservation programs of the Departments of Defense,
			 Agriculture, Interior, and CommerceSection 2684a of title 10, United States
			 Code, is amended—
			(1)by redesignating
			 subsection (i) as subsection (j); and
			(2)by inserting after
			 subsection (h) the following new subsection (i):

					(i)Facilitation of
				interagency cooperation in conservation programsIn order to facilitate interagency
				cooperation and enhance the effectiveness of actions that will protect both the
				environment and military readiness, and notwithstanding any other provision of
				law relating to matching funds or cost-sharing requirements, the recipient of
				funds provided by the Secretary of Defense or the Secretary of a military
				department pursuant an agreement under this section or under the Sikes Act (16
				U.S.C. 670 et seq.) may, with regard to the lands and waters within the scope
				of the agreement, use such funds to satisfy any matching funds or cost-sharing
				requirement of any conservation program of the Department of Agriculture, the
				Department of Commerce, or the Department of the
				Interior.
					.


		I
		112th CONGRESS
		1st Session
		H. R. 3255
		IN THE HOUSE OF REPRESENTATIVES

			October 25, 2011
			Mr. Broun of Georgia
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To delay any presumption of death in connection with the
		  kidnapping in Iraq or Afghanistan of a retired member of the Armed Forces to
		  ensure the continued payment of the member’s retired pay.

		1.Short titleThis Act may be cited as the
			 PROTECT Act or
			 Protecting the Retirement of Our
			 Troops by Ensuring Compensation is Timely Act.
		2.Presumption of death
			 for participants in Survivor Benefit Plan in missing status
			(a)Conditions on
			 presumptionIn the case of a
			 participant in the Survivor Benefit Plan who has been determined by the
			 Secretary of State to have been kidnapped in Iraq or Afghanistan on or after
			 October 7, 2001, the Secretary of a military department may not make a
			 determination under section 1450(l) of title 10, United States Code, that the
			 participant is missing, with the presumption of death, until the earlier
			 of—
				(1)a period of at least 11 years expires after
			 the date of the determination of the Secretary of State; or
				(2)the date on which
			 the participant is confirmed dead and a death certificate is delivered to the
			 next of kin of the participant.
				(b)Resumption of
			 retired pay; payment of back payIn the case of a participant in the
			 Survivor Benefit Plan described in subsection (a) who was presumed to be dead
			 before the date of the enactment of this Act under section 1450(l) of title 10,
			 United States Code, the Secretary of a military department concerned
			 shall—
				(1)resume payment of
			 any retired pay to which the participant is entitled to as a retired member of
			 the Armed Forces pending satisfaction of the conditions specified in subsection
			 (a); and
				(2)pay retired pay
			 for periods occurring before the date of the enactment of this Act for which
			 retired pay was not paid because of the presumption of death.


		I
		112th CONGRESS
		1st Session
		H. R. 2731
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2011
			Mr. Berg introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend title III of the Social Security Act to provide
		  for demonstration projects designed to expedite the reemployment of unemployed
		  workers.

		1.Short titleThis Act may be cited as the
			 Helping Innovation of Re-Employment
			 Services in States Act or the HIRES Act.
		2.State flexibility to
			 promote the reemployment of unemployed workers
			(a)In
			 generalTitle III of the
			 Social Security Act (42 U.S.C. 501 and following) is amended by adding at the
			 end the following:

					305.Demonstration projects(a)The Secretary of Labor
				may enter into agreements, with States submitting an application described in
				subsection (b), for the purpose of allowing such States to conduct
				demonstration projects to test and evaluate measures designed—
							(1)to expedite the reemployment of individuals
				who establish initial eligibility for unemployment compensation under the State
				law of such State; or
							(2)to improve the
				effectiveness of a State in carrying out its State law with respect to
				reemployment.
							(b)The Governor of
				any State desiring to conduct a demonstration project under this section shall
				submit an application to the Secretary of Labor. Any such application shall, at
				a minimum, include—
							(1)a general description of the proposed
				demonstration project, including the authority (under the laws of the State)
				for the measures to be tested, as well as the period of time during which such
				demonstration project would be conducted;
							(2)if a waiver under
				subsection (c) is requested, the specific aspects of the project to which the
				waiver would apply and the reasons why such waiver is needed;
							(3)a description of
				the goals and the expected programmatic outcomes of the demonstration project,
				including how the project would contribute to the objective described in
				subsection (a)(1), subsection (a)(2), or both;
							(4)assurances
				(accompanied by supporting analysis) that the demonstration project would not
				result in any increased net costs to the State’s account in the Unemployment
				Trust Fund;
							(5)a description of
				the manner in which the State—
								(A)will conduct an
				impact evaluation, using a control or comparison group or other valid
				methodology, of the demonstration project; and
								(B)will determine the
				extent to which the goals and outcomes described in paragraph (3) were
				achieved; and
								(6)assurances that
				the State will provide any reports relating to the demonstration project, after
				its approval, as the Secretary of Labor may require.
							(c)The Secretary of
				Labor may waive any of the requirements of section 3304(a)(4) of the Internal
				Revenue Code of 1986 or of paragraph (1) or (5) of section 303(a), to the
				extent and for the period the Secretary of Labor considers necessary to enable
				the State to carry out a demonstration project under this section.
						(d)A demonstration
				project under this section—
							(1)may be commenced
				any time after the date of the enactment of this section; and
							(2)may not be
				approved for a period of time greater than 3 years, subject to extension upon
				request of the Governor of the State involved for such additional period as the
				Secretary of Labor may agree to, except that in no event may a demonstration
				project under this section be conducted after the end of the 5-year period
				beginning on the date of the enactment of this section.
							(e)The Secretary of
				Labor shall, in the case of any State for which an application is submitted
				under subsection (b)—
							(1)notify the State as to whether such
				application has been approved or denied within 30 days after receipt of a
				complete application; and
							(2)provide public
				notice of the decision within 10 days after providing notification to the State
				in accordance with paragraph (1).
							Public
				notice under paragraph (2) may be provided through the Internet or other
				appropriate means. Any application under this section that has not been denied
				within such 30 days shall be deemed approved.(f)The Secretary of
				Labor may terminate a demonstration project under this section if the Secretary
				makes a final determination that the State has violated the substantive terms
				or conditions of the
				project.
						.
			(b)Effective
			 dateThe amendment made by this section shall apply to weeks
			 beginning after September 30, 2011.


		II
		111th CONGRESS
		2d Session
		S. 3658
		IN THE SENATE OF THE UNITED STATES

			July 27, 2010
			Mr. Udall of Colorado
			 (for himself, Mr. Bennet,
			 Mr. Begich, Mrs. Shaheen, and Mr.
			 Casey) introduced the following bill; which was read twice and
			 referred to the Committee on Health,
			 Education, Labor, and Pensions

		A BILL
		To provide professional development for elementary school
		  principals in early childhood education and development.

		1.Professional development for
			 elementary school principals in early childhood education and
			 development
			(a)In
			 generalPart A of title II of
			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is
			 amended by adding at the end the following:

					6Professional
				development for elementary school principals in early childhood education and
				development
						2161.PurposeThe purpose of this subpart is to improve
				the knowledge of elementary school principals in areas related to early
				childhood education and development in order to—
							(1)create high
				quality early learning environments;
							(2)provide a
				continuum of learning through the third grade with developmentally effective
				and appropriate curricula and teaching practices;
							(3)establish
				partnerships and collaboration with community-based early childhood education
				providers and families to better support—
								(A)learning at each
				stage;
								(B)effective
				transition among settings; and
								(C)continuous family
				engagement; and
								(4)support school
				readiness by providing high quality professional development for elementary
				school principals.
							2162.Definition of
				principal competencies in early childhood education and development
							(a)In
				generalIn this subpart, the
				term principal competencies in early childhood education and
				development means the skills that—
								(1)elementary school principals must know and
				be able to do; and
								(2)are acquired through high quality
				professional development in early childhood education and developmentally
				appropriate practice.
								(b)InclusionsThe principal competencies in early
				childhood education and development include—
								(1)supporting an
				expanded continuum of learning through the third grade to ensure an effective
				transition from early learning or home settings to the primary school
				years;
								(2)engaging the
				school community to partner with early learning programs, and working with
				families to set a shared vision for understanding early childhood
				development;
								(3)supporting
				teachers through strong instructional leadership; and
								(4)providing safe
				and supportive early learning environments that focus on the needs of the whole
				child, including the intellectual, social, emotional, physical, and nutritional
				well-being of children; and
								(5)utilizing
				multiple measures of developmentally appropriate assessment and acquiring the
				ability to manage and use data effectively to make instructional
				decisions.
								2163.Grant program
				authorized
							(a)Grants to
				partnerships
								(1)In
				generalThe Secretary is authorized to award grants, on a
				competitive basis, to partnerships described in paragraph (2) to enable the
				partnerships to carry out the authorized activities described in subsection
				(b).
								(2)PartnershipsA
				partnership referred to in paragraph (1) shall consist of—
									(A)a public or
				private entity with a demonstrated capacity to provide professional development
				for elementary school principals;
									(B)one or more
				public agencies, including—
										(i)a
				local educational agency;
										(ii)a State
				educational agency;
										(iii)a State human
				services agency;
										(iv)a State lead
				agency administering a program under the Child Care and Development Block Grant
				Act of 1990 (42 U.S.C. 9858 et seq.);
										(v)a
				public agency administering a State funded prekindergarten program; or
										(vi)a Head Start
				agency, including an Early Head Start agency; and
										(C)one or more early
				childhood education organizations that provide professional development to
				early childhood education providers.
									(3)DurationThe
				Secretary shall award a grant under this subpart for a period of not less than
				3 years.
								(4)RenewalThe
				Secretary may renew a grant under this subpart if the Secretary determines, on
				the basis of the evaluations submitted under subsection (e)(1)(B), that the
				programs and activities carried out under the grant have been effective.
								(b)Authorized
				activities
								(1)Required
				usesEach partnership receiving a grant under this subpart shall
				use the grant funds—
									(A)to carry out high
				quality professional development to help elementary school principals acquire
				principal competencies in early childhood education and development in order to
				support increased school readiness for students;
									(B)to gain a
				knowledge base and capacity to provide high quality early childhood education;
				and
									(C)to work
				collaboratively with early childhood education providers, services providers,
				and families in creating a continuum of high quality development and learning
				for children in the community and school settings.
									(2)Allowable
				activitiesThe activities described in paragraph (1) may include
				providing professional development programs for elementary school principals,
				including mentoring programs and other means of professional learning,
				in—
									(A)early childhood
				education and development in all domains (including language arts and literacy,
				mathematics, emotional development, social development, approaches to learning,
				physical development, science, and creative arts), and the continuity of
				standards and high quality curriculum and teaching practices from
				prekindergarten through the third grade, with emphasis on meeting the needs of
				children with disabilities and English language learners;
									(B)safe and
				supportive early learning environments that focus on the social, emotional, and
				cognitive needs of children;
									(C)collaborating
				with early childhood education providers and other community based
				organizations to provide multiple educational and social service programs to
				meet the needs of children in prekindergarten through the third grade related
				to learning and development; and
									(D)providing ongoing
				transition services for children through active family engagement.
									(c)PriorityIn
				awarding grants under this subpart the Secretary shall give priority to
				supporting professional development programs that target opportunities for
				elementary school principals—
								(1)to participate in
				high quality induction and mentoring programs for principals during the
				principals' first 5 years of employment as a principal;
								(2)to better
				understand ways to enhance family engagement and transition strategies, improve
				transition services, and work more collaboratively with community-based early
				childhood education providers;
								(3)to create a
				continuum of high quality teaching and learning for children in prekindergarten
				through the third grade; and
								(4)to participate in
				ongoing professional development, which may include mentoring programs for
				veteran principals in the education field.
								(d)Applications
								(1)In
				generalEach partnership desiring a grant under this subpart
				shall submit an application to the Secretary at such time, in such manner, and
				containing such information as the Secretary may require.
								(2)Contents
				requiredEach application submitted to the Secretary under
				paragraph (1) shall include—
									(A)a description of
				the professional development for elementary school principals that will be
				provided under the grant, including how the principals will access professional
				development;
									(B)a description of
				the professional development described in subparagraph (A) that will be
				provided in rural areas if applicable;
									(C)how the
				professional development will address—
										(i)child development
				and learning and the relationship of such development and learning to
				providing—
											(I)safe, supportive,
				and engaging learning environments; and
											(II)support for
				instructional and educational staff in using developmentally appropriate
				curricula, assessments, and other practices;
											(ii)outreach and
				engagement of families in their child’s learning;
										(iii)opportunities
				to collaborate with community based organizations on continuity of standards,
				curricula, family education, and transition services from community based
				settings to schools and from year to year;
										(iv)collaborative
				planning to support developmentally appropriate interactions between teachers,
				children, and the families of children; and
										(v)sustainability of
				the ongoing professional development upon completion of the grant term.
										(e)Evaluation and
				dissemination
								(1)Evaluation
									(A)In
				generalEach partnership that receives a grant under this subpart
				shall conduct an ongoing evaluation to—
										(i)assess the
				effectiveness of the programs and activities carried out under the
				grant;
										(ii)assess whether
				professional development programs for elementary school principals in early
				childhood education may lead to improved school performance; and
										(iii)determine how
				effective professional development programs and activities can be
				replicated.
										(B)SubmissionThe
				results of the evaluation described in subparagraph (A) shall be submitted to
				the Secretary annually.
									(2)DisseminationUsing
				funds made available under this subpart, the Secretary shall establish a panel
				of leading experts in elementary and early childhood education, including
				researchers, elementary school principals, and classroom practitioners,
				to—
									(A)identify best
				practices in professional development for elementary school principals in early
				childhood education, and review effective coordination of professional
				development among the partnerships receiving grants under this subpart;
				and
									(B)disseminate to
				the public the latest research and findings in professional development for
				elementary school principals in early childhood education, including through
				reports and technical assistance.
									(f)InapplicabilityThe
				provisions of subparts 1 through 5 shall not apply to this subpart.
							(g)Authorization
				of appropriationsThere are authorized to be appropriated such
				sums as may be necessary to carry out this subpart for fiscal year 2011 and
				each of the 4 succeeding fiscal
				years.
							.
			(b)Table of
			 contentsThe table of contents in section 2 of the Elementary and
			 Secondary Education Act of 1965 is amended by inserting after the item relating
			 to section 2151 the following:

						SUBPART 6—Professional development for elementary school
				principals in early childhood education and development
						Sec. 2161. Purpose.
						Sec. 2162. Definition of principal competencies in early
				childhood education and development.
						Sec. 2163. Grant program
				authorized.

					.


		II
		112th CONGRESS
		2d Session
		S. 2325
		IN THE SENATE OF THE UNITED STATES

			April 19, 2012
			Mr. Nelson of Florida
			 (for himself, Mrs. Boxer, and
			 Mr. Kirk) introduced the following bill;
			 which was read twice and referred to the Committee on Foreign
			 Relations

		A BILL
		To authorize further assistance to Israel for the Iron
		  Dome anti-missile defense system.

		1.Short
			 titleThis Act may be cited as
			 the Iron Dome Support
			 Act.
		2.FindingsCongress makes the following
			 findings:
			(1)The State of
			 Israel remains vulnerable to attack from missiles, rockets, and mortar shells
			 fired at Israeli civilian targets by militants from the foreign terrorist
			 organization Hamas on its southern border and by the foreign terrorist
			 organization Hezbollah on its northern border. Past attacks have killed,
			 wounded, or inflicted psychological trauma on countless Israeli
			 citizens.
			(2)The United States
			 Government remains committed to ensuring the Government of Israel's qualitative
			 military edge, including maintaining its advantage over non-state actors such
			 as Hezbollah and Hamas who possess increasingly sophisticated and powerful
			 weapons as a result of support from Iran, Syria, and other state actors.
			(3)The Israeli
			 Defense Forces recently reported that the Iron Dome anti-missile defense system
			 has achieved a success rate of more than 90 percent, intercepting rockets bound
			 for residential neighborhoods, busy road junctions, shopping centers, and
			 crowded streets in southern Israel.
			(4)The high success
			 rate of the Iron Dome anti-missile defense system has helped avert significant
			 Israeli casualties.
			(5)The United States
			 can help to advance its own vital national security interests and the cause of
			 peace and stability in the Middle East by supporting Israel's ability to defend
			 itself against missiles, rockets, and other threats.
			(6)In 2010,
			 President Barack Obama requested funds to help the State of Israel procure and
			 maintain Iron Dome missile batteries. Congress then provided funding for the
			 purchase of up to 10 Iron Dome systems.
			(7)The Government of
			 Israel currently has three operational Iron Dome batteries deployed in the
			 field, which are insufficient to protect all of the territory of Israel.
			3.Authorization of
			 assistance to israel for Iron Dome anti-missile defense systemThe President, acting through the Secretary
			 of Defense and the Secretary of State, is authorized to provide assistance for
			 the procurement, maintenance, and sustainment of the Iron Dome anti-missile
			 defense system for purposes of intercepting short-range missiles launched
			 against Israel.


116 S4051 IS: Lawful Access to Encrypted Data Act
U.S. Senate
2020-06-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4051IN THE SENATE OF THE UNITED STATESJune 23, 2020Mr. Graham (for himself, Mr. Cotton, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo improve the ability of law enforcement agencies to access encrypted data, and for other purposes.1.Short titleThis Act may be cited as the Lawful Access to Encrypted Data Act.2.Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Table of contents.TITLE I—Data at restSec. 101. Data at rest.TITLE II—Data in motionSec. 201. Assistance.Sec. 202. Capability.Sec. 203. CALEA amendment.TITLE III—Assistance capability directivesSec. 301. Assistance capability directives.TITLE IV—Pen register and trap and trace amendmentsSec. 401. Capability requirements.Sec. 402. Defining technical assistance.TITLE V—FISA amendmentsSec. 501. Electronic surveillance within the United States for foreign intelligence purposes.Sec. 502. Physical searches within the United States for foreign intelligence purposes.Sec. 503. Pen register; trap and trace.Sec. 504. Business records.Sec. 505. Certain acquisitions inside the United States targeting United States persons outside the United States.TITLE VI—Prize competitionSec. 601. Findings.Sec. 602. Definitions.Sec. 603. Prize competition.Sec. 604. Implementation.Sec. 605. Judges.Sec. 606. Report to Congress.Sec. 607. Authorization of appropriations.Sec. 608. Termination of authority.TITLE VII—Lawful access trainingSec. 701. Lawful access training program.Title VIII—Effective dateSec. 801. Effective date.IData at rest101.Data at rest(a)In generalChapter 205 of title 18, United States Code, is amended by adding at the end the following:3119.Assistance orders to third parties and capability requirements(a)DefinitionsIn this section—(1)the term consumer electronic device means a device that—(A)may be purchased by a member of the general public; and(B)can be configured to store 1 gigabyte of data or more;(2)the term court of competent jurisdiction means—(A)a district court of the United States (including a magistrate judge of such a court) or a United States court of appeals; and(B)a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; (3)the term device manufacturer means a person who designs, manufactures, fabricates, or assembles a finished consumer electronic device;(4)the term governmental entity has the meaning given the term in section 2711;(5)the term operating system provider means a person who designs, markets, or sells software that—(A)controls the operation of a consumer electronic device; and(B)directs the processing of programs on the consumer electronic device (such as by assigning storage space in memory and controlling input and output functions);(6)the term remote computing service has the meaning given the term in section 2711; and(7)the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (b)Court order for assistance(1)In generalA court of competent jurisdiction, in support of a search warrant based upon probable cause issued by the court that authorizes the search of an electronic device or remotely stored electronic information, shall, upon receiving a motion described in paragraph (3) that states reasonable grounds to believe that the assistance required by the order will aid in the execution of the warrant, order a device manufacturer, an operating system provider, a provider of remote computing service, or another person to furnish all information, facilities, and assistance necessary to access information stored on an electronic device or to access remotely stored electronic information, as authorized by the search warrant.(2)AssistanceThe information, facilities, and assistance ordered to be furnished under paragraph (1) shall include—(A)isolating the information authorized to be searched;(B)decrypting or decoding information on the electronic device or remotely stored electronic information that is authorized to be searched, or otherwise providing such information in an intelligible format, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and(C)providing technical support as necessary to ensure effective execution of the warrant for the electronic devices particularly described by the warrant.(3)MotionAn attorney for a governmental entity may move that the court issue an order under this subsection—(A)after a search warrant that authorizes the search of an electronic device or remotely stored electronic information has been issued; or(B)concurrently with an application for a search warrant described in subparagraph (A).(4)Compensation and exemption from liability(A)In generalSubject to subparagraph (B), a device manufacturer, operating system provider, provider of remote computing service, or other person furnishing information, facilities, or assistance pursuant to an order issued under this subsection—(i)shall be compensated for reasonable expenses directly incurred in complying with the order; and(ii)may not be held civilly liable to any party for any action taken that is reasonably necessary to comply with the order.(B)LimitationReasonable expenses under subparagraph (A) may not exceed $300.(c)Capability To assist(1)Device manufacturersA device manufacturer that sold more than 1,000,000 consumer electronic devices in the United States in 2016 or any calendar year thereafter, or that has received an assistance capability directive under section 3513, shall ensure that the manufacturer has the ability to provide the assistance described in subsection (b)(2) for any consumer electronic device that the manufacturer—(A)designs, manufactures, fabricates, or assembles; and(B)intends for sale or distribution in the United States.(2)Providers of remote computing service; operating system providersA provider of remote computing service or operating system provider that provided service to more than 1,000,000 subscribers or users in the United States in 2016 or any calendar year thereafter, or that has received an assistance capability directive under section 3513, shall ensure that the provider has the ability to provide the assistance described in subparagraphs (A) and (B) of subsection (b)(2) for any remotely stored data that the provider processes or stores.(3)Contracting authorizedA device manufacturer, provider of remote computing service, or operating system provider may satisfy the obligations under this subsection by contracting with any other United States person or entity to provide the required assistance.(4)CostsA device manufacturer, provider of remote computing service, or operating system provider to which this subsection applies shall bear the costs associated with the development of the capability required under this subsection, including any contracting costs incurred by the device manufacturer, provider of remote computing service, or operating system provider under paragraph (3), unless the manufacturer or provider has received an assistance capability directive under section 3513..(b)Technical and conforming amendmentThe table of sections for chapter 205 of title 18, United States Code, is amended by adding at the end the following:3119. Assistance orders to third parties and capability requirements..(c)ApplicabilityThe obligation under section 3119(c)(1) of title 18, United States Code, as added by subsection (a), shall apply with respect to a consumer electronic device manufactured on or after the effective date in section 801 of this Act.IIData in motion201.AssistanceSection 2518(4) of title 18, United States Code, is amended, in the undesignated matter following paragraph (e), by striking with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance. and inserting the following:in a manner designed to uphold the nondisclosure obligations under section 2511(2)(a)(ii).Such furnishing of information, facilities, and technical assistance shall include—(i)isolating all communications authorized to be intercepted;(ii)decrypting, decoding, or otherwise providing in an intelligible format the communications authorized to be intercepted, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and(iii)delivering all communications authorized to be intercepted securely, reliably, and concurrently with their transmission.Any provider of wire or electronic communication service, landlord, custodian, or other person furnishing such information, facilities, or technical assistance shall be compensated therefor by the applicant for reasonable expenses directly incurred in providing such information, facilities, or assistance..202.Capability(a)In generalChapter 119 of title 18, United States Code, is amended by adding at the end the following:2524.Capability requirements(a)In generalA provider of wire or electronic communication service that had more than 1,000,000 monthly active users in the United States in January 2016 or any month thereafter, or has received an assistance capability directive under section 3513, shall ensure that the provider has the ability to provide the information, facilities, and technical assistance described in section 2518(4).(b)Calculation of monthly active usersFor purposes of subsection (a), the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year.(c)CostsA provider of wire or electronic communication service to which subsection (a) applies shall bear any costs associated with the development of the capability required under that subsection, unless the provider has received an assistance capability directive under section 3513..(b)Technical and conforming amendmentThe table of sections for chapter 119 of title 18, United States Code, is amended by adding at the end the following:2524. Capability requirements..203.CALEA amendment(a)In generalSection 103(b)(3) of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1002(b)(3)) is amended—(1)by striking , or ensuring the government’s ability to decrypt,;(2)by striking the encryption was provided and inserting the means of encryption or other encoding was implemented by or facilitated; and(3)by striking and the carrier possesses the information necessary to decrypt the communication.IIIAssistance capability directives301.Assistance capability directives(a)In generalChapter 223 of title 18, United States Code, is amended by adding at the end the following:3513.Assistance capability directives(a)DefinitionsThe definitions in sections 2510 and 3119 shall apply to this section.(b)Contents of directives and procedure for issuing(1)Authority(A)In generalIf the Attorney General makes the applicable finding with respect to a person under paragraph (3), the Attorney General may direct the person to create or maintain any of the assistance capabilities described in section 2518, 2524, 3119, 3127, or 3128.(B)Written directiveA directive issued under subparagraph (A) shall be in writing.(2)Required reportingNot later than 30 days after the date on which a person receives a directive from the Attorney General under paragraph (1), the person shall report to the Attorney General, or a designee of the Attorney General, on, at a minimum—(A)any technical capabilities that the person knows or expects to be necessary to implement and comply with an anticipated court order or other lawful authorization under section 2518, 3119, or 3123; and(B)the timeline of the person for developing and deploying the technical capabilities described in subparagraph (A).(3)FindingsThe Attorney General may issue a directive to a person under paragraph (1) only if the Attorney General finds—(A)in the case of assistance capabilities described in section 2518, 2524, or 3128 that during the preceding calendar year, communications occurring over services the person offers, provides, or has access to were subject to not fewer than 5 court orders issued under—(i)chapter 119 of this title; or(ii)the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); or(B)in the case of assistance capabilities described in section 3119, that, during the preceding calendar year, data stored in any device, service, or operating system sold or licensed by the person was subject to not fewer than 5 Federal or State search warrants.(4)Release from liabilityNo civil cause of action shall lie in any court against a person who receives a directive under paragraph (1) for any action or omission reasonably necessary to comply with the directive.(5)Effective date and expiration date of directives(A)In generalSubject to subparagraph (B), a directive issued under paragraph (1) shall contain—(i)a date on which the directive takes effect; and(ii)a date when the directive expires.(B)LimitsA directive issued under paragraph (1) may not—(i)take effect earlier than 180 days after the date on which the directive is issued; or(ii)expire later than 2 years after the date on which the directive takes effect.(6)ReportingNot later than 30 days after the date on which a directive issued under paragraph (1) takes effect, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a copy of the directive.(7)No technical demandsA directive issued to a person under paragraph (1) may not specify technical means by which the person is required to implement the required capabilities.(c)Challenges of directives and appeal(1)PetitionNot later than 30 days after the date on which the Attorney General issues a directive to a person under subsection (b), the person may file a petition to modify or set aside the directive in the United States District Court for the District of Columbia.(2)Consideration of petition(A)GrantThe court may grant a petition filed under paragraph (1) only if—(i)the directive does not meet the requirements of this section;(ii)the person filing the petition demonstrates, by clear and convincing evidence, that it is technically impossible for the person to make any change to the way the hardware, software, or other property of the person behaves in order to comply with the directive; or(iii)the directive is otherwise unlawful.(B)DenialIf none of the bases for granting a petition under subparagraph (A) are met, the court shall deny the petition.(C)Ex parte review(i)In generalIn considering a petition filed under paragraph (1), the court may review any information that the Attorney General, upon filing an affidavit under oath that disclosure of the information would harm the national security of the United States or harm the enforcement of criminal law, chooses to provide to the court solely for ex parte review.(ii)No waiver of privilegeThe exercise of the authority under clause (i) does not waive any applicable privilege.(3)Initial review(A)DeadlineNot later than 30 days after the date on which a petition is filed under paragraph (1), the court shall conduct an initial review of the petition.(B)ReviewIf the court determines that the petition does not consist of claims, defenses, or other legal contentions that are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law, the court shall immediately—(i)deny the petition;(ii)affirm the directive or any part of the directive that is the subject of the petition; and(iii)order the recipient to comply with the directive or part thereof.(C)Written statementUpon making a determination under subparagraph (B) or promptly thereafter, the court shall provide a written statement for the record of the reasons for the determination.(4)Plenary review(A)DeadlineIf the court determines that a petition filed under paragraph (1) requires plenary review—(i)not later than 60 days after the petition is filed, the court shall affirm, modify, or set aside the directive that is the subject of the petition; or(ii)if the court does not set aside the directive by the date specified under clause (i), the court shall immediately, or in any event not later than 5 days thereafter—(I)affirm or affirm with modifications the directive; and(II)order the person who received the directive to comply with the directive in its entirety or as modified.(B)Written statementUpon making a determination under subparagraph (A) or promptly thereafter, the court shall provide a written statement for the record of the reasons for the determination.(5)Appeals(A)Right of appealThe Attorney General or a person who receives a directive under subsection (b) may appeal a final order of the district court under this subsection not later than 30 days after entry of the order.(B)ProcedureThe United States Court of Appeals for the District of Columbia Circuit shall expedite the consideration of any appeal brought under this paragraph, and the expense or effort required to comply with a directive issued under subsection (b) shall not be a basis for staying a final order of the district court under this subsection pending appeal.(d)Enforcement of directives(1)Failure to complyIf a person fails to comply with a directive issued under subsection (b), the Attorney General may file a petition for an order to compel the person to comply with the directive in the United States District Court for the District of Columbia, which shall have jurisdiction to review the petition.(2)Ex parte review(A)In generalIn considering a petition filed under paragraph (1), the court may review any information that the Attorney General, upon filing an affidavit under oath that disclosure of the information would harm the national security of the United States or harm the enforcement of criminal law, chooses to provide to the court solely for ex parte review.(B)No waiver of privilegeThe exercise of the authority under subparagraph (A) does not waive any applicable privilege. (3)Order to comply(A)In generalNot later than 30 days after a petition is filed under paragraph (1), the court shall issue an order requiring the person to comply with the directive or any part of the directive, as issued or as modified, if the court finds that the directive meets the requirements of this section and is otherwise lawful.(B)Written statementUpon making a determination under subparagraph (A) or promptly thereafter, the court shall provide a written statement for the record of the reasons for the determination.(4)PenaltyFailure to obey an order issued under paragraph (3) shall constitute contempt of court.(5)ProcessAny process under this subsection may be served in any judicial district in which the recipient may be found or does business.(6)Appeals(A)Right of appealThe Attorney General or a person who receives a directive under subsection (b) may appeal a final order of the district court under this subsection not later than 30 days after entry of the order.(B)ProcedureThe United States Court of Appeals for the District of Columbia Circuit shall expedite the consideration of any appeal brought under this paragraph, and the expense or effort required to comply with a directive issued under subsection (b) shall not be a basis for staying a final order of the district court order under this subsection pending appeal.(e)Cost reimbursement(1)In generalSubject to paragraph (3), a person who receives a directive under subsection (b) shall be compensated therefor by the United States for reasonable expenses directly incurred in complying with the directive.(2)AmountThe amount of compensation provided under paragraph (1)—(A)shall be mutually agreed upon by the Attorney General and the person complying with the directive; or(B)in the absence of an agreement under subparagraph (A), shall be determined by the United States District Court for the District of Columbia..(b)Technical and conforming amendmentThe table of sections for chapter 223 of title 18, United States Code, is amended by adding at the end the following:3513. Assistance capability directives..IVPen register and trap and trace amendments401.Capability requirements(a)In generalChapter 206 of title 18, United States Code, is amended by adding at the end the following:3128.Capability requirements(a)Pen register capability(1)In generalA wire or electronic communication service provider that had more than 1,000,000 monthly active users in the United States in January 2016 or any month thereafter shall ensure that the provider has the ability to provide the information described in paragraphs (3) and (7) of section 3127 directly to law enforcement agencies in an intelligible format unobtrusively and in a manner designed to uphold the nondisclosure obligations under section 3123(d)(2).(2)Calculation of monthly active usersFor purposes of paragraph (1), the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year.(b)Trap and trace capability(1)In generalA provider of wire or electronic communication service that had more than 1,000,000 monthly users in the United States in January 2016 or any month thereafter shall ensure that the provider has the ability to provide the information described in paragraphs (4) and (7) of section 3127 directly to law enforcement agencies in an intelligible format unobtrusively and in a manner designed to uphold the nondisclosure obligations under section 3123(d)(2).(2)Calculation of monthly active usersFor purposes of paragraph (1), the number of monthly active users of a wire or electronic communication service shall be calculated by taking the average of the number of individual users or subscribers of the service that are active per month in any calendar year.(c)Compensation(1)In generalSubject to paragraph (2), a provider of wire or electronic communication service that provides the information described in paragraph (3), (4), or (7) of section 3127 directly to a law enforcement agency shall be compensated for reasonable expenses directly incurred in providing the information.(2)LimitationReasonable expenses under paragraph (1) may not exceed $150..(b)Technical and conforming amendmentThe table of sections for chapter 206 of title 18, United States Code, is amended by adding at the end the following:3128. Capability requirements..402.Defining technical assistanceSection 3127 of title 18, United States Code, is amended—(1)in paragraph (5), by striking and at the end;(2)in paragraph (6), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(7)the term technical assistance includes—(A)isolating all dialing, routing, addressing, and signaling information authorized to be acquired;(B)decrypting, decoding, or otherwise providing in an intelligible format the dialing, routing, addressing, and signaling information authorized to be acquired, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and(C)delivering all dialing, routing, addressing, and signaling information authorized to be acquired securely, reliably, and concurrently with its transmission..VFISA amendments501.Electronic surveillance within the United States for foreign intelligence purposesTitle I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—(1)in section 101 (50 U.S.C. 1801), by adding at the end the following: (q)Technical assistance includes—(1)isolating all communications or information authorized to be acquired;(2)decrypting, decoding, or otherwise providing in an intelligible format the communications or information authorized to be acquired, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and(3)delivering all communications or information authorized to be acquired securely, reliably, and concurrently with their transmission.; and(2)in section 105(c)(2)(B), by striking produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance and inserting in a manner designed to minimize the possibility of alerting the target whose communications are to be intercepted.502.Physical searches within the United States for foreign intelligence purposes Title III of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821 et seq.) is amended—(1)in section 301 (50 U.S.C. 1821), by adding at the end the following:(6)Assistance includes—(A)isolating all information, material, or property to be seized, reproduced, or altered; (B)decrypting, decoding, or otherwise providing in an intelligible format the information, material, or property to be seized, reproduced, or altered, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and(C)providing technical support as necessary to ensure effective execution of an order under this title.; and(2)in section 304(c)(2)(B) (50 U.S.C. 1824(c)(2)(B)), by striking produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search and inserting in a manner designed to minimize the possibility of alerting the target of the physical search.503.Pen register; trap and trace Section 401 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding at the end the following: (5)The term technical assistance includes—(A)isolating all dialing, routing, addressing, and signaling information authorized to be acquired;(B)decrypting, decoding, or otherwise providing in an intelligible format the dialing, routing, addressing, and signaling information authorized to be acquired, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and(C)delivering all dialing, routing, addressing, and signaling information authorized to be acquired securely, reliably, and concurrently with its transmission..504.Business records Section 501(k) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(k)) is amended by adding at the end the following:(5)Technical assistanceThe term technical assistance includes—(A)isolating the tangible things (including call detail records) required to be produced;(B)decrypting, decoding, or otherwise providing in an intelligible format the tangible things required to be produced, unless the independent actions of an unaffiliated entity make it technically impossible to do so; and(C)delivering all tangible things required to be produced securely, reliably, and no later than the date on which an order under this title requires their production..505.Certain acquisitions inside the United States targeting United States persons outside the United States Section 703 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881b) is amended by adding at the end the following:(h)Assistance defined For purposes of this section, the term assistance includes—(1)isolating all communications or information authorized to be acquired;(2)decrypting, decoding, or otherwise providing in an intelligible format the communications or information authorized to be acquired, unless the independent actions of an unaffiliated entity make it technically impossible to do so;(3)delivering the communications or information authorized to be acquired securely, reliably, and concurrently with their transmission; and(4)providing technical support as necessary to ensure effective execution of an order under this section..VIPrize competition601.FindingsCongress finds the following:(1)The rapidly growing use of warrant-proof encryption in everyday devices, platforms, and systems allows illegal actors engaged in dangerous criminal activity—including child sexual abuse, terrorism, and international narcotics trafficking—to use encryption to shield their illicit activities from authorities. (2)Because of warrant-proof encryption, the government often cannot obtain the electronic evidence and intelligence necessary to investigate and prosecute threats to public safety and national security, even with a warrant or court order. This provides a lawless space that criminals, terrorists, and other bad actors can exploit for their nefarious ends.(3)Many service providers, device manufacturers, and application developers who use encryption fail to implement technology that would allow the government to obtain electronic evidence necessary to investigate and prosecute threats to public safety and national security.(4)The Fourth Amendment to the Constitution of the United States strikes a balance between the individual citizen’s reasonable expectation of privacy on one hand, and on the other, the legitimate need for the government to gain access to the most intimate spaces in citizens’ lives in order to protect the public from criminal actors.(5)The Framers of the Constitution provided specific barriers to government intrusion into the individual’s private, intimate space—namely, that the government must show by probable cause that evidence of a crime exists in that intimate space, and must have a neutral magistrate, detached from the law enforcement interest, approve law enforcement’s request and issue a warrant.(6)Once the government satisfies the burden of showing probable cause to a neutral magistrate, the government is entitled to search and seize evidence of a crime in an individual’s private space.(7)That careful balancing of interests established by the Framers has continued to be calibrated throughout the history of the United States as different challenges have arisen, including, most notably, technological advances in daily life. For example, Congress has imposed additional statutory requirements that the government must meet and that a judge must find satisfied before a court can authorize interception of communications. But the individual’s right to privacy has never been absolute.(8)If not addressed, criminal anonymity actuated by end-to-end encryption technology will continue to pose a serious risk to the public.(9)Nevertheless, advances in technology continue without due consideration of issues of lawful access.(10)Moreover, very little, if any, resources from the private sector or from educational and research institutions are devoted to finding technological solutions to providing lawful access within different encrypted technological platforms.(11)More resources should be devoted to incentivizing the best minds in the United States to research the issues described in this section and decide how to best provide the most secure products and services to customers while also providing law enforcement access to information the government needs to investigate criminals seeking to do the public harm and to protect national security.602.DefinitionsIn this title:(1)ApplicantThe term applicant means an individual, group of individuals, organization, nonprofit, or university that applies to participate in the prize competition under this title.(2)Appropriate congressional committeesThe term appropriate congressional committees means the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.(3)Attorney GeneralExcept as otherwise provided, the term Attorney General means the Attorney General, acting through the Director of the National Institute of Justice.(4)PrizeThe term prize means a cash prize.(5)Prize competitionThe term prize competition means the prize competition established under section 603.603.Prize competition(a)EstablishmentNot later than 180 days after the date of enactment of this Act, the Attorney General shall, subject to the availability of funds appropriated under this title, establish in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition—(1)to incentivize and encourage research and innovation into solutions providing law enforcement access to encrypted data pursuant to legal process; and(2)to award one or more prizes, not later than 1 year after the establishment of the prize competition, for technological solutions that provide law enforcement access to encrypted data pursuant to legal process.(b)RequirementsTechnological solutions described in subsection (a)(2) shall include—(1)providing maximum security for the device, platform, or system, consistent with the lawful access solution, to reduce the opportunity for unlawful hacking; and(2)reducing or eliminating broad surveillance capabilities not targeted at specified facilities or individuals pursuant to a warrant or order within the lawful access solution.(c)Eligibility(1)In generalTo be eligible to win a prize under the prize competition, an applicant—(A)shall have complied with—(i)the requirements of the competition as described in the announcement for the competition; and(ii)subsections (g), (h), and (i) of section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) (relating to eligibility);(B)in the case of a private entity, shall be incorporated in the United States and maintain a primary place of business in the United States; and(C)in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States.(2)ExclusionsThe following entities and individuals shall not be eligible to win a prize under the prize competition:(A)A Federal entity.(B)A Federal employee acting within the scope of employment.(d)PrioritizationIn selecting the winner or winners of the prize competition, the Attorney General shall give priority to projects that—(1)incorporate a robust proof of concept model demonstrating the feasibility of the proposed technology achieving the intended goals of the competition as described in paragraph (a); and(2)include a strategy, submitted with the application or proposal, to move the new technology, hardware, or other processes to market-scale deployment.604.Implementation(a)DutiesIn implementing the prize competition, the Attorney General shall—(1)advertise the prize competition;(2)solicit participants;(3)use amounts made available under section 607(a)—(A)to administer the prize competition; and(B)to award one or more prizes;(4)develop criteria for the selection of winners;(5)select judges under section 605 based on criteria developed by the Attorney General;(6)announce, and award a prize to, one or more winners;(7)protect against unauthorized use or disclosure of any trade secret or confidential business information of a participant; and(8)promulgate any rules and regulations necessary to carry out this title, including rules and regulations for submitting and reviewing applications.(b)Award(1)Recommendation by judgesAfter conducting a thorough review of each of the applicant submissions for the prize competition, the judges appointed under section 605 shall—(A)submit in writing to the Attorney General a recommendation for an award to one or more winners of the prize competition; or(B)if the judges determine that none of the applicant submissions merit an award, submit in writing to the Attorney General a recommendation that no applicant be awarded a prize, including a detailed explanation stating the reasons why no applicant merits an award.(2)Selection by Attorney General(A)In generalNot later than 1 year after the date on which the Attorney General establishes the prize competition, and after reviewing the recommendation submitted under paragraph (1), the Attorney General shall select one or more winners of the prize competition and award a prize to each winner.(B)Recommendation of no prizeIf the judges recommend under paragraph (1)(B) that no applicant be awarded a prize, the Attorney General may—(i)select one or more award winners, notwithstanding the recommendation of the judges, and award a prize to each winner; or(ii)award no prize to any applicant.(C)Notification of no prizeIf the Attorney General determines not to award a prize to any applicant under subparagraph (B)(ii), the Attorney General shall notify the appropriate congressional committees not later than 90 days after that determination.(c)Assistance from other parties(1)Administration by third-party organization(A)In generalThe Attorney General may enter into an agreement, including a grant, contract, or cooperative agreement, with a non-profit or for-profit third-party organization, under which the third-party organization administers the prize competition.(B)Consultation; division of authorityIf the Attorney General enters into a contract with a third-party organization under subparagraph (A), the third-party organization shall consult with the Attorney General on, and the Attorney General shall have the authority to make the final decision with respect to—(i)the development of criteria for the selection of prize competition winners under subsection (a)(4); and(ii)the selection of judges under section 605.(2)Non-Federal fundsThe Attorney General may solicit and receive non-Federal funds to administer the prize competition and award a prize.605.Judges(a)Appointment The Attorney General shall appoint not fewer than 3 judges who shall, except as provided in section 604(b)(1)(B), recommend one or more winners of the prize competition.(b)QualificationsEach judge appointed under subsection (a) shall— (1)have subject matter expertise in cryptology and encryption-related technology, including relevant devices, platforms, and systems;(2)have an understanding of—(A)protections afforded to United States citizens by the Constitution of the United States against unreasonable searches and seizures by the government; and(B)the legal authorities that permit the government to search and seize the personal effects of United States citizens, particularly with respect to—(i)the search and seizure of individuals’ data from technological devices, platforms, or systems; and(ii)the interception of communications over technological devices, platforms, or systems; and(3)have experience with law enforcement capabilities for lawful access to data and limitations on lawful access to data across various technological devices, platforms, and systems that use encrypted technology.606.Report to Congress Not later than 90 days after the date on which the Attorney General awards one or more prizes under section 604(b)(2), the Attorney General shall submit to the appropriate congressional committees a report on the prize competition that includes—(1)a statement by the Attorney General that describes the activities carried out by the Attorney General with respect to the duties described in section 604(a);(2)if the Attorney General has entered into an agreement with a third-party organization under section 604(c)(1), a statement by the Attorney General that describes the activities carried out by the third-party organization with respect to the duties described in section 604(c); and(3)a statement by the Attorney General explaining the basis on which each winner of the prize competition was selected.607.Authorization of appropriations(a)Authorization(1)In generalThere are authorized to be appropriated such sums as may be necessary, not to exceed $50,000,000, to carry out this title.(2)Minimization of administrative expensesThe Attorney General shall make all reasonable efforts to control the administrative expenses of the prize competition so that the majority of the amounts made available under paragraph (1) are used for the prize or prizes awarded to the winner or winners of the prize competition under section 603.(b)Approval of certain awardsThe value of a prize awarded to a winner of the prize competition under section 603 may not exceed $1,000,000 without the approval of the Attorney General or the Director of the National Institute of Justice.(c)Reimbursement of expensesA judge appointed under section 605 shall serve without pay, but may be reimbursed for actual and necessary traveling and subsistence expenses.608.Termination of authorityThe prize competition and all authority provided under this title shall terminate on December 31, 2022.VIILawful access training701.Lawful access training program(a)DefinitionsIn this section:(1)Cooperative agreementThe term cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity, consistent with sections 6302 and 6305 of title 31, United States Code.(2)ProviderThe term provider means—(A)a device manufacturer, an operating system provider, and a provider of remote computing service, as those terms are defined in section 3119 of title 18, United States Code, as added by title I of this Act; and(B)a provider of electronic communication service, as defined in section 2510 of title 18, United States Code.(3)Training ProgramThe term Training Program means the lawful access training and assistance program established under subsection (b).(b)EstablishmentThe Attorney General shall establish a lawful access training and real-time assistance program that draws upon the resources of the National Domestic Communications Center (commonly known as the NDCAC) and other relevant components of the Department of Justice as appropriate.(c)Activities(1)Training(A)In generalThe primary purpose of the Training Program shall be to provide training and assistance for law enforcement personnel, with a particular emphasis on State and local personnel, on relevant technology and communications platforms, including how to submit appropriately tailored applications for digital evidence, consistent with existing legal requirements and protections for privacy and civil liberties.(B)ConsultationThe Attorney General may consult with providers regarding the training and assistance under subparagraph (A).(C)ContentsTraining and assistance under the Training Program shall include—(i)designing and providing training to distribute knowledge and expertise, including—(I)consulting with the most qualified experts in law enforcement and the technology industry to assist in the development of all Training Program materials;(II)identifying current effective law enforcement training programs and tools;(III)identifying gaps in current law enforcement training programs and tools;(IV)producing and maintaining training materials and curricula that will be used in classroom training sessions as well as for distribution to law enforcement agencies for reference;(V)in coordination with providers, delivering information and guidance on accessing digital evidence from specific providers to improve outcomes with regard to particular technology devices, platforms, or systems; and(VI)establishing and promoting the use of a consistent set of clear standards for securing and minimizing data collected by law enforcement;(ii)serving as a centralized repository of knowledge and expertise about provider systems and procedures for submitting requests for data;(iii)coordinating with Federal, State, and international training programs, as well as any private-sector and nonprofit initiatives;(iv)building and maintaining analytic and forensic tools to assist law enforcement agencies in interpreting data that has been obtained from service providers and devices;(v)hiring and employing technical specialists that can help develop and maintain analytic and forensic tools;(vi)conducting relevant research and analysis to identify the greatest challenges with respect to the ability of law enforcement agencies to access and analyze digital evidence; and(vii)providing a call center for law enforcement officials to seek advice and assistance regarding accessing and analyzing digital evidence.(2)Other functionsIn carrying out the Training Program, the Attorney General shall develop and coordinate additional functions to improve lawful access to digital evidence, including the following:(A)Identifying and providing resourcesThe Attorney General shall—(i)work with the Office of Justice Programs to identify grants and other grant-making bodies to support law enforcement access to digital evidence; and(ii)include programs in the training activities that inform law enforcement agencies of the grants described in clause (i) and other resources that support—(I)training programs;(II)development and distribution of analytical tools; and(III)maintenance of crime labs.(B)Development of authentication systemThe Attorney General shall work with providers and law enforcement agencies from Federal, State, and local systems to identify options for, and develop, a system for verifying that an individual requesting data from a provider is a law enforcement official entitled to such access pursuant to lawful authority.(C)Coordinating international effortsThe Attorney General shall coordinate with international partners to—(i)help set baseline standards and practices to lawfully access digital evidence;(ii)promote standards to ensure the protection of privacy and civil liberties, and to the extent practical and helpful, harmonize efforts across borders.(D)Developing master databaseThe Attorney General shall—(i)develop a master database to track investigations in the United States in which a law enforcement agency secured the legal authority to access digital data but otherwise cannot gain access to that data in an intelligible format due to encryption; and(ii)through the training activities described in paragraph (1), encourage the robust participation from State and local authorities that is necessary to populate the database described in clause (i) of this subparagraph.(E)Other activitiesThe Attorney General, in carrying out the Training Program, shall provide any additional activities and services determined appropriate by the Attorney General.(d)Funding(1)Authorization of appropriationsThere is authorized to be appropriated to the Attorney General to carry out this section $50,000,000 for fiscal year 2020, which shall remain available until expended.(2)LimitationNot more than 5 percent of the amount appropriated under paragraph (1) may be used to carry out activities under subsection (e)(2).(e)Cooperative agreement(1)AssistanceThe Attorney General may enter into a cooperative agreement with providers or other persons to—(A)provide regular training to law enforcement agencies through the Training Program on information that is potentially available from devices, operating systems, remote computing services, or electronic communication services, and on provider policies, in order to facilitate tailored and specific applications from law enforcement agencies;(B)maintain up-to-date and comprehensive guidance for law enforcement agencies regarding accessing information from providers;(C)develop or maintain online mechanisms to—(i)receive law enforcement requests for data; and(ii)provide dated, electronic confirmation of receipt of a request described in clause (i); and(D)assist with other tasks as determined necessary by the NDCAC.(2)Donations(A)In generalThe NDCAC may solicit and accept donations for the Training Program from providers or other persons to be used to carry out this section.(B)Private funding requirementThe NDCAC may not carry out the Training Program during a fiscal year, including fiscal year 2020, unless and until the NDCAC has received funding for that fiscal year under subparagraph (A) in an amount equal to the amount authorized to be appropriated for fiscal year 2020 under subsection (d)(1).(f)Report(1)In generalNot later than 1 year after the effective date in section 801 of this Act, and once thereafter not later than 2 years after that effective date, the NDCAC shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the Training Program.(2)Contents The report submitted under paragraph (1) shall include—(A)ongoing efforts to identify and respond to gaps in training and distribution of technical tools;(B)the state of cooperation with providers;(C)novel uses of legal authorities;(D)any new policies and best practices being seriously considered or adopted; and(E)funding contributed by private individuals, organizations, and entities.VIIIEffective date801.Effective dateTitles I through V of this Act, and the amendments made by those titles, shall take effect 1 year after the date of enactment of this Act.


		II
		112th CONGRESS
		2d Session
		S. 2417
		IN THE SENATE OF THE UNITED STATES

			April 26, 2012
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain occupancy
		  sensors.

		1.Certain occupancy
			 sensors
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Switches designed for lighting control, activated by dual
						passive infrared sensors that detect the presence of any occupant of the
						coverage area, with lens masking for adjusting the field of view of the sensors
						(provided for in subheading 8536.50.90)FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


115 HR 5746 IH: Offering Promising Persons Occupations Relevant To Upholding National Interests For Years Act of 2018
U.S. House of Representatives
2018-05-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5746IN THE HOUSE OF REPRESENTATIVESMay 10, 2018Mr. Aguilar (for himself, Mr. Johnson of Georgia, Mr. Correa, Mr. Veasey, Ms. Judy Chu of California, Mr. Serrano, Mr. Hastings, Mr. Ben Ray Luján of New Mexico, Ms. Kelly of Illinois, Ms. Hanabusa, Mr. Brown of Maryland, Mr. Lowenthal, Ms. Fudge, Mr. Bishop of Georgia, Mr. Butterfield, Mr. Rush, and Mr. Carbajal) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo amend the Cyber Scholarship Program of the Department of Defense to require additional
			 considerations in the award of scholarships and grants under the Program.

 1.Short titleThis Act may be cited as the Offering Promising Persons Occupations Relevant To Upholding National Interests For Years Act of 2018 or the OPPORTUNITY Act of 2018.
		2.Department of Defense Cyber Scholarship Program scholarships and grants
 (a)Additional considerationsSection 2200c of title 10, United States Code, is amended— (1)by inserting before In the selection the following:

						(a)Centers of Academic Excellence in Cyber Education; and
 (2)by adding at the end the following new subsection:  (b)Certain Institutions of Higher EducationIn the selection of a recipient for the award of a scholarship or grant under this chapter, consideration shall be given to whether—
 (1)in the case of a scholarship, the institution of higher education at which the recipient pursues a degree is an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and
 (2)in the case of a grant, the recipient is an institution described in such section.. (b)Clerical amendments (1)Section headingThe heading of section 2200c of title 10, United States Code, is amended to read as follows:

						2200c.Special considerations in awarding scholarships and grants.
 (2)Table of sectionsThe table of sections at the beginning of chapter 112 of title 10, United States Code, is amended by striking the item relating to section 2200c and inserting the following new item:

							2200c. Special considerations in awarding scholarships and grants..