[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1821 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1821

  To establish the National Commission on the Cybersecurity of United 
            States Election Systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2017

 Mrs. Gillibrand (for herself and Mr. Graham) introduced the following 
 bill; which was read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 A BILL


 
  To establish the National Commission on the Cybersecurity of United 
            States Election Systems, and for other purposes.

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

SECTION 1. ESTABLISHMENT OF COMMISSION.

    There is established the National Commission on the Cybersecurity 
of United States Election Systems (in this Act referred to as the 
``Commission'').

SEC. 2. PURPOSES.

    The purposes of the Commission are--
            (1) to identify and document mitigation and response 
        actions to or in the prevention of cybersecurity 
        vulnerabilities in, or threats or attacks to, the election 
        systems in the United States in 2016;
            (2) to document and describe any harm or attempted harm 
        with respect to election systems in the United States in 2016;
            (3) to review foreign cyber interference in elections in 
        other countries in order to understand additional cybersecurity 
        threats, interference methods, and successful defense 
        mechanisms;
            (4) to make a full and complete accounting of what emerging 
        threats and unmitigated vulnerabilities remain and to identify 
        likely threats to election systems in the United States; and
            (5) to report on the recommendations of the Commission for 
        action at the Federal, State, and local level.

SEC. 3. COMPOSITION OF THE COMMISSION.

    (a) Members.--The Commission shall be composed of 15 members, of 
whom--
            (1) 2 members shall be appointed by the Election Assistance 
        Commission;
            (2) 3 members shall be appointed by the members of the 
        National Association of Secretaries of State together with the 
        members of the National Association of State Election 
        Directors;
            (3) 5 members shall be appointed by the majority leader of 
        the Senate, in consultation with the minority leader of the 
        Senate, from all candidates nominated under subparagraphs (A) 
        through (E), including--
                    (A) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on the Judiciary of the Senate;
                    (B) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Select 
                Committee on Intelligence of the Senate;
                    (C) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Committee 
                on Foreign Relations of the Senate;
                    (D) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Committee 
                on Homeland Security and Governmental Affairs of the 
                Senate; and
                    (E) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Committee 
                on Rules and Administration of the Senate; and
            (4) 5 members shall be appointed by the Speaker of the 
        House of Representatives, in consultation with the minority 
        leader of the House of Representatives, from all candidates 
        nominated under subparagraphs (A) through (E), including--
                    (A) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Committee 
                on the Judiciary of the House of Representatives;
                    (B) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives;
                    (C) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Committee 
                on Foreign Affairs of the House of Representatives;
                    (D) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Committee 
                on Homeland Security of the House of Representatives; 
                and
                    (E) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member of the Committee 
                on House Administration of the House of 
                Representatives.
    (b) Chairperson.--The Commission shall nominate a chairperson of 
the Commission from among the members of the Commission.
    (c) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Not more than 8 members 
        of the Commission shall be from the same political party.
            (2) Elected officials.--An individual appointed to the 
        Commission may not be a serving elected official of the Federal 
        Government or any State or local government.
            (3) 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, election law, election 
        security, political campaign management, information warfare, 
        public administration, cyber espionage, and cybersecurity.
            (4) Initial meeting.--If 60 days after the date of 
        enactment of this Act, eight or more members of the Commission 
        have been appointed, those members who have been appointed may 
        meet and, if necessary, select a temporary chairperson, who may 
        begin the operations of the Commission, including the hiring of 
        staff.
    (d) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairperson or a majority of its 
members. Eight members of the Commission shall constitute a quorum. 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.

SEC. 4. FUNCTIONS OF THE COMMISSION.

    The functions of the Commission are--
            (1) to conduct an investigation that--
                    (A) documents the relevant facts and circumstances 
                with respect to harm or attempted harm to the election 
                systems in the United States in 2016, including any 
                regulation, plan, policy, practice, or procedure; and
                    (B) may include relevant facts and circumstances 
                relating to--
                            (i) intelligence agencies;
                            (ii) international intelligence agencies 
                        with which the United States traditionally 
                        collaborates;
                            (iii) law enforcement agencies;
                            (iv) election infrastructure providers, 
                        vendors, or consultants;
                            (v) political campaign professionals, 
                        information warfare experts, or political press 
                        experts;
                            (vi) public or private cybersecurity 
                        vendors, consultants, advisors, or staff;
                            (vii) State and local election officials 
                        and election personnel;
                            (viii) persons with election oversight 
                        responsibilities, including government entities 
                        and nonprofit organizations;
                            (ix) cybersecurity; and
                            (x) other areas of the public and private 
                        sectors determined relevant by the Commission;
            (2) to identify and document successful and unsuccessful 
        mitigation and response actions in the prevention of 
        cybersecurity vulnerabilities, threats, or attacks to the 
        election systems in the United States in 2016;
            (3) to identify, review, and evaluate--
                    (A) what unmitigated cybersecurity gaps remain; and
                    (B) what are the most likely threats to election 
                systems in the future;
            (4) to develop recommendations for action at the Federal, 
        State, and local level, including with respect to the 
        structure, coordination, management policies, and procedures of 
        the Federal Government in--
                    (A) assessing;
                    (B) detecting;
                    (C) preventing; and
                    (D) responding to cybersecurity vulnerabilities, 
                threats, or attacks; and
            (5) to submit to the President and Congress the reports 
        required by this Act containing the findings, conclusions, and 
        recommendations as the Commission shall determine.

SEC. 5. POWERS OF THE COMMISSION.

    (a) In General.--
            (1) 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--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, administer such oaths; and
                    (B) 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.
            (2) Subpoenas.--
                    (A) Issuance.--Subpoenas issued under paragraph 
                (1)(B) may be issued under the signature of the 
                chairperson of the Commission, the chairperson of any 
                subcommittee created by a majority of the Commission, 
                or any member designated by a majority of the 
                Commission, and may be served by any person designated 
                by the chairperson, subcommittee chairperson, or 
                member.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        paragraph (1)(B), 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.
                            (ii) Additional enforcement.--Sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194) shall 
                        apply in the case of any failure of any witness 
                        to comply with any subpoena or to testify when 
                        summoned under authority of this section.
    (b) Closed Meetings.--
            (1) In general.--Meetings of the Commission may be closed 
        to the public under section 10(d) of the Federal Advisory 
        Committee Act (5 U.S.C. App.) or other applicable law.
    (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 the duties of the Commission under 
this Act.
    (d) Information From Federal Agencies.--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 chairperson, the chairperson of 
any subcommittee created by a majority of the Commission, or any member 
designated by a majority of the Commission.
    (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 are authorized to 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) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (g) 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. 6. STAFF OF THE COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The chairperson, 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 the functions of the Commission, without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of 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 executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) 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. 7. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at a rate 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. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate executive departments and agencies shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances in a manner 
consistent with existing procedures and requirements, except that no 
person shall be provided with access to classified information under 
this section who would not otherwise qualify for such security 
clearance.

SEC. 9. REPORTS OF THE COMMISSION; TERMINATION.

    (a) Initial Report.--Not later than 6 months after the date of the 
first meeting of the Commission, the Commission shall submit to the 
President and Congress an initial report containing such findings, 
conclusions, and recommendations for corrective measures as have been 
agreed to by a majority of Commission members.
    (b) Additional Reports.--Not later than 1 year after the submission 
of the initial report of the Commission, the Commission shall submit to 
the President and Congress a second report containing such findings, 
conclusions, and recommendations for corrective measures as have been 
agreed to by a majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this Act, shall terminate 60 days after the date on which the 
        second report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding the activities of the 
        Commission, including providing testimony to committees of 
        Congress concerning the reports of the Commission and 
        disseminating the second report.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission such sums 
as may be necessary to carry out this Act, to remain available until 
expended.
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