[Congressional Record Volume 163, Number 146 (Monday, September 11, 2017)]
[Senate]
[Pages S5143-S5145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 911. Mr. CARDIN (for himself, Mr. Bennet, Mr. Merkley, Mr.
Blumenthal, Ms. Warren, Mr. Van Hollen, Mrs. Gillibrand, Ms. Baldwin,
Mr. Heinrich, Mr. Durbin, Mr. Casey, and Mr. Leahy) submitted an
amendment intended to be proposed by him to the bill H.R. 2810, to
authorize appropriations for fiscal year 2018 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Commission to End Russian Interference in United States
Elections
SEC. 1090. 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 subtitle as
the ``Commission'').
SEC. 1091. 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 of 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;
(E) the Committee on the Judiciary of the Senate; and
(F) 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 1098, on the findings, conclusions,
and recommendations of the Commission on preventing the
reoccurrence of such interference.
SEC. 1092. 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
1091(9).
(2) Chairperson; vice-chairperson.--At the initial meeting
of the Commission, the
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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. 1093. POWERS OF THE COMMISSION.
(a) In General.--
(1) Meetings.--After its initial meeting under section
1092(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 1091; 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 1091.
(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 1091.
(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 1099.
SEC. 1094. 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, as set forth in section
5315 of title 5, United States Code.
(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. 1095. 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 1098.
(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. 1096. 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. 1097. 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
subtitle without the appropriate security clearances.
SEC. 1098. 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 1091; and
(2) summaries of the input and recommendations of the
leaders and organizations with which the Commission
consulted.
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(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. 1099. 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 1098.
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