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You have a significant misunderstanding of the mechanics of this treaty, FISA, and EO12333.

This treaty: it must be ratified by Congress in order for it to be considered accepted by the EC. Under the U.S. Constitution, this means it would carry the full force of the law. The Commerce Department wouldn't bear the weight of enforcement.

FISA §702: limits collection to targeted non-U.S. persons of foreign intelligence interest at borders (Upstream) and submission of NSLs to U.S. organizations for data on non-U.S. persons. The Privacy Shield agreement only prohibits mass surveillance.

EO12333 does not apply since that collection occurs outside of the United States, and would not be in the jurisdiction of this agreement.

> Department of Commerce who has no authority to talk about reforming this policy.

No, this agreement was made at the behest of the Senate Committee on Commerce, Science, and Transportation [1]. Since this will be ratified by the Senate, it will carry the full weight of the law.

[1] http://www.commerce.senate.gov/public/index.cfm/pressrelease...