[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6447 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6447

  To establish the National Commission on Foreign Interference in the 
                             2016 Election.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2016

 Mr. Swalwell of California (for himself and Mr. Cummings) introduced 
  the following bill; which was referred to the Committee on Foreign 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish the National Commission on Foreign Interference in the 
                             2016 Election.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Democracy Act''.

SEC. 2. ESTABLISHMENT.

    There is established in the legislative branch the National 
Commission on Foreign Interference in the 2016 Election (in this Act 
referred to as the ``Commission'').

SEC. 3. PURPOSES.

    (a) Activities of Russian Government.--The purpose of the 
Commission is to examine any attempts or activities by the Russian 
government, persons or entities associated with the Russian government, 
or persons or entities within Russia to use electronic means to 
influence, interfere with, or sow distrust in elections for public 
office held in the United States in 2016, including the following:
            (1) Electronic hacks by the Russian government, persons or 
        entities associated with the Russian government, or other 
        persons or entities within Russia into--
                    (A) the electronic systems of the Democratic 
                National Committee;
                    (B) the electronic systems of the Democratic 
                Congressional Campaign Committee;
                    (C) the electronic systems of Mr. John Podesta, 
                campaign chairman for Democratic Presidential nominee 
                Hillary Clinton;
                    (D) the electronic systems of former Secretary of 
                State Colin Powell; and
                    (E) the electronic systems of Arizona, Illinois, 
                and Florida, particularly voter database information.
            (2) Efforts by the Russian government, persons or entities 
        associated with the Russian government, or persons or entities 
        within Russia to put forward, disseminate, or promote false 
        news about the campaigns for elections for public office held 
        in the United States in 2016.
            (3) Efforts by the Russian government to work with other 
        governments, entities, and individuals to carry out activities 
        described in paragraphs (1) and (2).
    (b) Activities of Others.--In addition to the purpose described in 
subsection (a), the purpose of the Commission is to examine attempts or 
activities by governments other than the Russian government, persons 
associated with governments other than the Russian government, and 
other entities and individuals to use electronic means to influence, 
interfere with, or sow distrust in elections for public office held in 
the United States in 2016, including activities similar to those 
described in paragraphs (1) through (3) of subsection (a).

SEC. 4. COMPOSITION AND COMPENSATION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 12 members, of 
whom--
            (1) three shall be appointed by the Speaker of the House of 
        Representatives and three shall be appointed by the Majority 
        Leader of the Senate; and
            (2) three shall be appointed by the Minority Leader of the 
        House of Representatives and three shall be appointed by the 
        Minority Leader of the Senate.
    (b) Chair and Vice Chair.--The Commission, by majority vote, shall 
choose a Chair and Vice Chair, of whom--
            (1) one shall be a member appointed under paragraph (1); 
        and
            (2) one shall be a member appointed under paragraph (2).
    (c) Qualifications.--
            (1) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be an officer or employee of the Federal 
        Government, any State, or any local government.
            (2) Other qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be prominent 
        United States citizens, with national recognition and 
        significant depth of experience in such professions as 
        governmental service, law enforcement, the armed services, law, 
        public administration, intelligence gathering, foreign affairs, 
        cybersecurity, and Federal elections.
            (3) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than 90 days after the 
        date of the enactment of this Act.
            (4) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (5) Compensation.--
                    (A) In general.--Each member of the Commission may 
                be compensated at not to exceed the daily equivalent of 
                the annual rate of basic pay in effect for a position 
                at level IV of the Executive Schedule under section 
                5315 of title 5, United States Code, for each day 
                during which that member is engaged in the actual 
                performance of the duties of the Commission.
                    (B) Travel expenses.--While away from their homes 
                or regular places of business in the performance of 
                services for the Commission, members of the Commission 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, in the same manner as persons 
                employed intermittently in the Government service are 
                allowed expenses under section 5703(b) of title 5, 
                United States Code.

SEC. 5. PROCEDURES OF COMMISSION.

    (a) Initial Meeting.--The Commission shall meet and begin the 
operations of the Commission as soon as practicable. After its initial 
meeting, the Commission shall meet upon the call of the chairman or a 
majority of its members.
    (b) Quorum.--
            (1) In general.--Except as provided in paragraph (2), a 
        majority of the members of the Commission shall constitute a 
        quorum.
            (2) Alternative quorum for taking testimony.--For purposes 
        of taking testimony of witnesses, 2 members of the Commission 
        may constitute a quorum, so long as at least one of the members 
        is a member appointed under paragraph (1) of section 4(a) and 
        at least one of the members is a member appointed under 
        paragraph (2) of section 4(a).
    (c) Voting.--No proxy voting shall be allowed on behalf of a member 
of the Commission.
    (d) Rules of Procedure.--
            (1) In general.--The Commission shall establish rules for 
        the conduct of the Commission's business, if such rules are not 
        inconsistent with this Act or other applicable law.
            (2) Adoption at initial meeting.--At its initial meeting, 
        the Commission shall adopt the rules established under 
        paragraph (1).

SEC. 6. FUNCTIONS OF COMMISSION.

    (a) In General.--The duties of the Commission are as follows:
            (1) To investigate attempts or activities by the Russian 
        government, persons or entities associated with the Russian 
        government, or persons or entities within Russia to use 
        electronic means to influence, interfere with, or sow distrust 
        in elections for public office held in the United States in 
        2016, including the following:
                    (A) Electronic hacks by the Russian government, 
                persons or entities associated with the Russian 
                government, or other persons or entities within Russia 
                into--
                            (i) the electronic systems of the 
                        Democratic National Committee;
                            (ii) the electronic systems of the 
                        Democratic Congressional Campaign Committee;
                            (iii) the electronic systems of Mr. John 
                        Podesta, campaign chairman for Democratic 
                        Presidential nominee Hillary Clinton;
                            (iv) the electronic systems of former 
                        Secretary of State Colin Powell; and
                            (v) the electronic systems of Arizona, 
                        Illinois, and Florida, particularly voter 
                        database information.
                    (B) Efforts by the Russian government, persons or 
                entities associated with the Russian government, or 
                persons or entities within Russia to put forward, 
                disseminate, or promote false news about the campaigns 
                for elections for public office held in the United 
                States in 2016.
                    (C) Efforts by the Russian government to work with 
                other governments, entities, and individuals to carry 
                out activities described in subparagraphs (A) and (B).
            (2) To investigate attempts or activities by governments 
        other than the Russian government, persons or entities 
        associated with governments other than the Russian government, 
        and other entities and individuals to use electronic means to 
        influence, interfere with, or sow distrust in elections for 
        public office held in the United States in 2016, including 
        activities similar to those described in subparagraphs (A) 
        through (C) of paragraph (1).
            (3) To identify, review, and evaluate the lessons learned 
        from the attempts, activities, and efforts described in 
        paragraphs (1) and (2) relative to detecting, preventing, 
        protecting from, and responding to such attempts, activities, 
        and efforts.
            (4) To make such recommendations as the Commission 
        considers appropriate to ensure that foreign governments and 
        persons associated with foreign governments never again use 
        electronic means to influence, interfere with, or sow distrust 
        in elections for public office held in the United States.
    (b) Reports to the President and Congress.--
            (1) Interim reports.--The Commission may submit to the 
        President and Congress interim reports containing such 
        findings, conclusions, and recommendations as have been agreed 
        to by a majority of Commission members.
            (2) Final report.--Not later than 18 months after the date 
        of the enactment of this Act, the Commission shall submit to 
        the President and Congress a final report containing such 
        findings, conclusions, and recommendations as have been agreed 
        to by a majority of Commission members.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member thereof, may, for the 
purpose of carrying out this Act--
            (1) hold such hearings and sit and act at such times and 
        places, take such testimony, receive such evidence, administer 
        such oaths; and
            (2) subject to subsection (b)(1), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, papers, and documents, as the Commission or such 
        designated subcommittee or designated member may determine 
        advisable.
    (b) Subpoenas.--
            (1) Issuance.--
                    (A) In general.--A subpoena may be issued under 
                this subsection only--
                            (i) by the agreement of the Chair and Vice 
                        Chair; or
                            (ii) by the affirmative vote of a majority 
                        of the members of the Commission.
                    (B) Signature.--Subject to subparagraph (A)(i), 
                subpoenas issued under this subsection may be issued 
                under the signature of the chairman or any member 
                designated by a majority of the Commission, may be 
                served by any person designated by the chairman or by a 
                member designated by a majority of the Commission.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under paragraph (1), 
                the United States district court for the judicial 
                district in which the subpoenaed person resides, is 
                served, or may be found, or where the subpoena is 
                returnable, may issue an order requiring such person to 
                appear at any designated place to testify or to produce 
                documentary or other evidence. Any failure to obey the 
                order of the court may be punished by the court as a 
                contempt of that court.
                    (B) Additional enforcement.--In the case of any 
                failure of any witness to comply with any subpoena or 
                to testify when summoned under authority of this 
                section, the Commission may, by majority vote, certify 
                a statement of fact constituting such failure to the 
                appropriate United States attorney, who may bring the 
                matter before the grand jury for its action, under the 
                same statutory authority and procedures as if the 
                United States attorney had received as certification 
                under sections 102 through 104 of the Revised Statutes 
                of the United States (2 U.S.C. 192 through 194).
    (c) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this Act.
    (d) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this Act. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the chairman of 
        any subcommittee created by a majority of the Commission, or 
        any member designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (e) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.

SEC. 8. STAFF.

    (a) In General.--
            (1) Appointment and compensation.--The chairman, in 
        accordance with rules agreed upon by the Commission, may 
        appoint and fix the compensation of a staff director and such 
        other personnel as may be necessary to enable the Commission to 
        carry out its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The staff director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, 89A, 89B, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) Expert and Consultant Services.--The Commission is authorized 
to procure the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, but at rates not to exceed 
the daily rate paid a person occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code.

SEC. 9. PUBLIC MEETINGS; PUBLIC VERSIONS OF REPORTS.

    (a) Requiring Public Meetings and Release of Public Versions of 
Reports.--The Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        section 6(b).
    (b) Public Hearings.--Any public hearings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.

SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this Act without the appropriate security clearances.

SEC. 11. TERMINATION.

    (a) In General.--The Commission, and all the authorities of this 
Act, shall terminate 60 days after the date on which the final report 
is submitted under section 6(b)(2).
    (b) Administrative Activities Before Termination.--The Commission 
may use the 60-day period referred to in subsection (a) for the purpose 
of concluding its activities, including providing testimony to 
committees of Congress concerning its reports, and disseminating the 
final report.

SEC. 12. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000 to carry out this Act.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.

SEC. 13. DEFINITION.

    In this Act, the term ``electronic systems'' means computers, 
servers, and electronic communications.
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