[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 27 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 27

  To establish an independent commission to examine and report on the 
  facts regarding the extent of Russian official and unofficial cyber 
 operations and other attempts to interfere in the 2016 United States 
               national election, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2017

Mr. Cardin (for himself, Mrs. Feinstein, Mr. Leahy, Mr. Carper, and Ms. 
  Klobuchar) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To establish an independent commission to examine and report on the 
  facts regarding the extent of Russian official and unofficial cyber 
 operations and other attempts to interfere in the 2016 United States 
               national election, 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 an independent commission, which shall be 
known as the ``Commission to End Russian Interference in United States 
Elections'' (referred to in this Act as the ``Commission'').

SEC. 2. FUNCTIONS.

    The Commission shall--
            (1) comprehensively examine the facts regarding the extent 
        of Russian official and unofficial cyber operations and other 
        attempts to interfere in the 2016 United States national 
        election;
            (2) examine attempts by the Russian Government, persons or 
        entities associated with the Russian Government, or other 
        persons or entities within Russia to use cyber-enabled means to 
        access, alter, or otherwise tamper with--
                    (A) United States electronic voting systems;
                    (B) United States voter roll information;
                    (C) the Democratic National Committee;
                    (D) the Democratic Congressional Campaign 
                Committee;
                    (E) the Democratic Governors Association;
                    (F) the Republican National Committee;
                    (G) the Republican Congressional Campaign 
                Committee;
                    (H) the Republican Governors Association;
                    (I) Donald J. Trump for President, Inc.; and
                    (J) Hillary for America (the Hillary Clinton 
                Presidential campaign);
            (3) examine efforts by the Russian Government, persons or 
        entities associated with the Russian Government, or persons or 
        entities within Russia to generate, put forward, disseminate, 
        or promote propaganda relevant to any election for public 
        office held in the United States during 2016;
            (4) examine efforts by the Russian Government to 
        collaborate with other governments, entities, or individuals to 
        carry out activities described in paragraphs (2) and (3);
            (5) examine attempts or activities by governments, persons 
        associated with a government, entities, and individuals other 
        than those described in paragraph (3) to use electronic means 
        to influence, interfere with, or sow distrust in elections for 
        public office held in the United States during 2016;
            (6) ascertain, evaluate, and report on the evidence 
        developed by all relevant government agencies, including the 
        Department of State, the Office of the Director for National 
        Intelligence, the Central Intelligence Agency, the National 
        Security Agency, the Department of Homeland Security, the 
        Federal Bureau of Investigation, the Department of Defense, and 
        State election commissions, regarding the facts and 
        circumstances surrounding Russia's interference with elections 
        for public office held in the United States during 2016;
            (7) review and build upon the findings of completed or 
        ongoing efforts to the investigate such Russian interference, 
        including investigations or inquires conducted by--
                    (A) the Administration of President Barack Obama;
                    (B) the Select Committee on Intelligence of the 
                Senate;
                    (C) the Committee on Armed Services of the Senate;
                    (D) the Committee on Foreign Relations of the 
                Senate; and
                    (E) other executive branch, congressional, or 
                independent entities;
            (8) make a full accounting of--
                    (A) the circumstances surrounding official and 
                unofficial attempts to interfere in the 2016 United 
                States election, including through cyber operations and 
                the promotion of propaganda or other disinformation;
                    (B) the level of preparedness of Federal, State, 
                and local governments to defend against such 
                interference; and
                    (C) the United States response to such 
                interference; and
            (9) submit a report to the President and Congress, in 
        accordance with section 9, on the findings, conclusions, and 
        recommendations of the Commission on preventing the 
        reoccurrence of such interference.

SEC. 3. COMPOSITION.

    (a) Appointments.--
            (1) In general.--The Commission shall be composed of eight 
        members, of which--
                    (A) two shall be appointed by the majority leader 
                of the Senate;
                    (B) two shall be appointed by the minority leader 
                of the Senate;
                    (C) two shall be appointed by the Speaker of the 
                House of Representatives; and
                    (D) two shall be appointed by the minority leader 
                of the House of Representatives.
            (2) Deadline for appointment.--Each initial member of the 
        Commission shall be appointed not later than 30 days after the 
        date of the enactment of this Act.
            (3) Period of appointment.--Each member of the Commission 
        shall be appointed for the life of the Commission.
    (b) Qualifications.--
            (1) Political party affiliation.--Not more than 4 members 
        of the Commission may be members of the same political party.
            (2) Nongovernmental appointees.--None of the members of the 
        Commission may be a Member of Congress (including a Delegate or 
        Resident Commissioner to Congress), an officer or employee of 
        the Federal Government, or an officer or employee of 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 professions such as 
        governmental service, law enforcement, armed services, law, 
        public administration, intelligence gathering, cybersecurity, 
        election administration, and foreign affairs.
    (c) Initial Meeting; Selection of Chairperson.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Commission shall hold an initial 
        meeting to develop and implement a schedule for completing the 
        review and report required under section 2(9).
            (2) Chairperson; vice-chairperson.--At the initial meeting 
        of the Commission, the Commission shall select a Chairperson 
        and a Vice-Chairperson from among its members. The Chairperson 
        and Vice-Chairperson may not be members of the same political 
        party.
    (d) Quorum; Vacancies.--
            (1) Quorum.--Six members of the Commission shall constitute 
        a quorum.
            (2) Vacancies.--Any vacancy in the Commission shall not 
        affect the power and duties of the Commission and shall be 
        filled in accordance with subsection (a) not later than 90 days 
        after the occurrence of such vacancy.

SEC. 4. POWERS OF THE COMMISSION.

    (a) In General.--
            (1) Meetings.--After its initial meeting under section 
        3(c)(1), the Commission shall meet upon the call of the 
        Chairperson or a majority of its members.
            (2) Hearings and evidence.--The Commission may--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony, receive such evidence, 
                including classified testimony, evidence, and 
                information, and administer such oaths as may be 
                necessary to carry out its functions under section 2; 
                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, including classified 
                materials, as the Commission or such designated 
                subcommittee or designated member may determine 
                advisable to carry out such functions.
            (3) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only by the agreement of 
                        the Chairperson and the Vice-Chairperson or by 
                        the affirmative vote of 5 members of the 
                        Commission.
                            (ii) Signature.--Subpoenas issued under 
                        this subsection--
                                    (I) may be issued under the 
                                signature of the Chairperson or any 
                                member designated by a majority of the 
                                Commission; and
                                    (II) may be served by any person 
                                designated by the Chairperson or by a 
                                member designated by a majority of the 
                                Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under this 
                        subsection, 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.--If any 
                        witness fails to comply with any subpoena 
                        issued under this subsection or to testify when 
                        summoned under authority of this subsection, 
                        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 a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
    (b) Information From Federal Agencies.--
            (1) In general.--All Federal departments and agencies 
        shall, in accordance with applicable procedures for the 
        appropriate handling of classified information, provide 
        reasonable access to documents, statistical data, and other 
        such information that the Commission determines necessary to 
        carry out its functions under section 2.
            (2) Obtaining information.--The Chairperson of the 
        Commission shall submit a written request, as necessary, to the 
        head of an agency described in paragraph (1) for access to 
        documents, statistical data, and other information described in 
        such paragraph that is under the control of such agency.
            (3) Receipt, handling, storage, and dissemination.--
        Information described in paragraph (1) may only be received, 
        handled, stored and disseminated by members of the Commission 
        and its staff in accordance with all applicable statutes, 
        regulations, and Executive orders.
    (c) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall make office space available for the day-
        to-day activities of the Commission and for scheduled meetings 
        of the Commission. Upon request, the Administrator shall 
        provide, on a reimbursable basis, such administrative support 
        as the Commission requests to fulfill its duties.
            (2) Other departments and agencies.--In addition to the 
        assistance required under paragraph (1), other Federal 
        departments and agencies may provide to the Commission such 
        services, funds, facilities, staff, and other support services 
        as the heads of such entities determine advisable in accordance 
        with applicable law.
    (d) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other Federal 
departments and agencies.
    (e) Authority To Contract.--
            (1) In general.--Subject to subtitle I of title 40, United 
        States Code, and division C of subtitle I of title 41, United 
        States Code (formerly collectively known as the ``Federal 
        Property and Administrative Services Act of 1949''), the 
        Commission is authorized to enter into contracts with Federal 
        and State agencies, private firms, institutions, and 
        individuals for the conduct of activities necessary to the 
        discharge of its duties under section 2.
            (2) Termination.--Any contract, lease, or other legal 
        agreement entered into by the Commission under this subsection 
        may not extend beyond the date specified in section 10.

SEC. 5. STAFF OF THE COMMISSION.

    (a) Director.--The Commission shall have a Director, who shall be--
            (1) appointed by a majority vote of the Commission; and
            (2) paid at a rate not to exceed the rate of basic pay for 
        level IV of the Executive Schedule.
    (b) Staff.--
            (1) In general.--With the approval of the Commission, the 
        Director may appoint such personnel as the Director determines 
        to be appropriate. Such personnel shall be paid at a rate not 
        to exceed the rate of basic pay for level IV of the Executive 
        Schedule, as set forth in section 5315 of title 5, United 
        States Code.
            (2) Additional staff.--The Commission may appoint and fix 
        the compensation of such other personnel as may be necessary to 
        enable the Commission to carry out its duties, 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 to a 
        person occupying a position at level V of the Executive 
        Schedule, as set forth in section 5316 of such title.
    (c) Experts and Consultants.--With the approval of the Commission, 
the Director may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, but at rates not to 
exceed the rate of basic pay for level IV of the Executive Schedule.
    (d) Detailees.--Upon the request of the Commission, any Federal 
Government employee may be detailed to the Commission without 
reimbursement from the Commission, and such detailee shall retain the 
rights, civil service status, and privileges of his or her regular 
employment without interruption.

SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (b) 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 9.
    (c) 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 under any 
applicable statute, regulation, or Executive order.

SEC. 7. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Members of the Commission--
            (1) shall not be considered to be Federal employees for any 
        purpose by reason of service on the Commission; and
            (2) shall serve without pay.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in performance of services for the Commission, members of 
the Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence, in accordance with section 5703 of title 5, United 
States Code.

SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission to expeditiously provide, to the extent possible, 
appropriate security clearances to Commission members and staff in 
accordance with 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. 9. REPORT.

    (a) In General.--Not later than 18 months after the first meeting 
of the Commission, the Commission shall submit a report to the 
Committee on Foreign Relations of the Senate, the Committee on Foreign 
Affairs of the House of Representatives, the Committee on the Judiciary 
of the Senate, the Committee on the Judiciary of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Homeland Security of the House 
of Representatives, the Committee on Oversight and Government Reform of 
the House of Representatives, the Select Committee on Intelligence of 
the Senate, the Permanent Select Committee on Intelligence of the House 
of Representatives, the Committee on Armed Services of the Senate, and 
the Committee on Armed Services of the House of Representatives. The 
report shall include--
            (1) a detailed statement of the recommendations, findings, 
        and conclusions of the Commission under section 2; and
            (2) summaries of the input and recommendations of the 
        leaders and organizations with which the Commission consulted.
    (b) Public Availability.--The report required under subsection (a) 
shall be submitted in an unclassified form, which shall be made 
available to the public, but may include a classified annex.

SEC. 10. TERMINATION.

    The Commission shall terminate on the date that is 60 days after 
the date on which the Commission submits its report to Congress 
pursuant to section 9.
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