I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Our Democ5 racy Act’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established in the legislative branch the Na8 tional Commission on Foreign Interference in the 2016 

9 Election (in this Act referred to as the ‘‘Commission’’). 


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1 SEC. 3. PURPOSES. 

2 (a) ACTIVITIES OF RUSSIAN GOVERNMENT.—The 

3 purpose of the Commission is to examine any attempts 

4 or activities by the Russian government, persons or enti5 ties associated with the Russian government, or persons 

6 or entities within Russia to use electronic means to influ7 ence, interfere with, or sow distrust in elections for public 

8 office held in the United States in 2016, including the fol9 lowing: 

10 (1) Electronic hacks by the Russian govern11 ment, persons or entities associated with the Rus12 sian government, or other persons or entities within 

13 Russia into— 

14 (A) the electronic systems of the Demo15 cratic National Committee; 

16 (B) the electronic systems of the Demo17 cratic Congressional Campaign Committee; 

18 (C) the electronic systems of Mr. John Po19 desta, campaign chairman for Democratic Pres20 idential nominee Hillary Clinton; 

21 (D) the electronic systems of former Sec22 retary of State Colin Powell; and 

23 (E) the electronic systems of Arizona, Illi24 nois, and Florida, particularly voter database 

25 information. 


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1 (2) Efforts by the Russian government, persons 

2 or entities associated with the Russian government, 

3 or persons or entities within Russia to put forward, 

4 disseminate, or promote false news about the cam5 paigns for elections for public office held in the 

6 United States in 2016. 

7 (3) Efforts by the Russian government to work 

8 with other governments, entities, and individuals to 

9 carry out activities described in paragraphs (1) and 

10 (2). 

11 (b) ACTIVITIES OF OTHERS.—In addition to the pur12 pose described in subsection (a), the purpose of the Com13 mission is to examine attempts or activities by govern14 ments other than the Russian government, persons associ15 ated with governments other than the Russian govern16 ment, and other entities and individuals to use electronic 

17 means to influence, interfere with, or sow distrust in elec18 tions for public office held in the United States in 2016, 

19 including activities similar to those described in para20 graphs (1) through (3) of subsection (a). 

21 SEC. 4. COMPOSITION AND COMPENSATION OF COMMIS22 SION. 

23 (a) MEMBERS.—The Commission shall be composed 

24 of 12 members, of whom— 


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1 (1) three shall be appointed by the Speaker of 

2 the House of Representatives and three shall be ap3 pointed by the Majority Leader of the Senate; and 

4 (2) three shall be appointed by the Minority 

5 Leader of the House of Representatives and three 

6 shall be appointed by the Minority Leader of the 

7 Senate. 

8 (b) CHAIR AND VICE CHAIR.—The Commission, by 

9 majority vote, shall choose a Chair and Vice Chair, of 

10 whom— 

11 (1) one shall be a member appointed under 

12 paragraph (1); and 

13 (2) one shall be a member appointed under 

14 paragraph (2). 

15 (c) QUALIFICATIONS.— 

16 (1) NONGOVERNMENTAL APPOINTEES.—An in17 dividual appointed to the Commission may not be an 

18 officer or employee of the Federal Government, any 

19 State, or any local government. 

20 (2) OTHER QUALIFICATIONS.—It is the sense of 

21 Congress that individuals appointed to the Commis22 sion should be prominent United States citizens, 

23 with national recognition and significant depth of ex24 perience in such professions as governmental service, 

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1 ministration, intelligence gathering, foreign affairs, 

2 cybersecurity, and Federal elections. 

3 (3) DEADLINE FOR APPOINTMENT.—All mem4 bers of the Commission shall be appointed not later 

5 than 90 days after the date of the enactment of this 

6 Act. 

7 (4) VACANCIES.—Any vacancy in the Commis8 sion shall not affect its powers, but shall be filled in 

9 the same manner in which the original appointment 

10 was made. 

11 (5) COMPENSATION.— 

12 (A) IN GENERAL.—Each member of the 

13 Commission may be compensated at not to ex14 ceed the daily equivalent of the annual rate of 

15 basic pay in effect for a position at level IV of 

16 the Executive Schedule under section 5315 of 

17 title 5, United States Code, for each day during 

18 which that member is engaged in the actual 

19 performance of the duties of the Commission. 

20 (B) TRAVEL EXPENSES.—While away from 

21 their homes or regular places of business in the 

22 performance of services for the Commission, 

23 members of the Commission shall be allowed 

24 travel expenses, including per diem in lieu of 

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1 ployed intermittently in the Government service 

2 are allowed expenses under section 5703(b) of 

3 title 5, United States Code. 

4 SEC. 5. PROCEDURES OF COMMISSION. 

5 (a) INITIAL MEETING.—The Commission shall meet 

6 and begin the operations of the Commission as soon as 

7 practicable. After its initial meeting, the Commission shall 

8 meet upon the call of the chairman or a majority of its 

9 members. 

10 (b) QUORUM.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), a majority of the members of the Com13 mission shall constitute a quorum. 

14 (2) ALTERNATIVE QUORUM FOR TAKING TESTI15 MONY.—For purposes of taking testimony of wit16 nesses, 2 members of the Commission may con17 stitute a quorum, so long as at least one of the 

18 members is a member appointed under paragraph 

19 (1) of section 4(a) and at least one of the members 

20 is a member appointed under paragraph (2) of sec21 tion 4(a). 

22 (c) VOTING.—No proxy voting shall be allowed on be23 half of a member of the Commission. 

24 (d) RULES OF PROCEDURE.— 


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1 (1) IN GENERAL.—The Commission shall estab2 lish rules for the conduct of the Commission’s busi3 ness, if such rules are not inconsistent with this Act 

4 or other applicable law. 

5 (2) ADOPTION AT INITIAL MEETING.—At its 

6 initial meeting, the Commission shall adopt the rules 

7 established under paragraph (1). 

8 SEC. 6. FUNCTIONS OF COMMISSION. 

9 (a) IN GENERAL.—The duties of the Commission are 

10 as follows: 

11 (1) To investigate attempts or activities by the 

12 Russian government, persons or entities associated 

13 with the Russian government, or persons or entities 

14 within Russia to use electronic means to influence, 

15 interfere with, or sow distrust in elections for public 

16 office held in the United States in 2016, including 

17 the following: 

18 (A) Electronic hacks by the Russian gov19 ernment, persons or entities associated with the 

20 Russian government, or other persons or enti21 ties within Russia into— 

22 (i) the electronic systems of the 

23 Democratic National Committee; 


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1 (ii) the electronic systems of the 

2 Democratic Congressional Campaign Com3 mittee; 

4 (iii) the electronic systems of Mr. 

5 John Podesta, campaign chairman for 

6 Democratic Presidential nominee Hillary 

7 Clinton; 

8 (iv) the electronic systems of former 

9 Secretary of State Colin Powell; and 

10 (v) the electronic systems of Arizona, 

11 Illinois, and Florida, particularly voter 

12 database information. 

13 (B) Efforts by the Russian government, 

14 persons or entities associated with the Russian 

15 government, or persons or entities within Rus16 sia to put forward, disseminate, or promote 

17 false news about the campaigns for elections for 

18 public office held in the United States in 2016. 

19 (C) Efforts by the Russian government to 

20 work with other governments, entities, and indi21 viduals to carry out activities described in sub22 paragraphs (A) and (B). 

23 (2) To investigate attempts or activities by gov24 ernments other than the Russian government, per25 sons or entities associated with governments other 


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1 than the Russian government, and other entities and 

2 individuals to use electronic means to influence, 

3 interfere with, or sow distrust in elections for public 

4 office held in the United States in 2016, including 

5 activities similar to those described in subparagraphs 

6 (A) through (C) of paragraph (1). 

7 (3) To identify, review, and evaluate the lessons 

8 learned from the attempts, activities, and efforts de9 scribed in paragraphs (1) and (2) relative to detect10 ing, preventing, protecting from, and responding to 

11 such attempts, activities, and efforts. 

12 (4) To make such recommendations as the 

13 Commission considers appropriate to ensure that 

14 foreign governments and persons associated with 

15 foreign governments never again use electronic 

16 means to influence, interfere with, or sow distrust in 

17 elections for public office held in the United States. 

18 (b) REPORTS TO THE PRESIDENT AND CONGRESS.— 

19 (1) INTERIM REPORTS.—The Commission may 

20 submit to the President and Congress interim re21 ports containing such findings, conclusions, and rec22 ommendations as have been agreed to by a majority 

23 of Commission members. 

24 (2) FINAL REPORT.—Not later than 18 months 

25 after the date of the enactment of this Act, the 


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1 Commission shall submit to the President and Con2 gress a final report containing such findings, conclu3 sions, and recommendations as have been agreed to 

4 by a majority of Commission members. 

5 SEC. 7. POWERS OF COMMISSION. 

6 (a) HEARINGS AND EVIDENCE.—The Commission or, 

7 on the authority of the Commission, any subcommittee or 

8 member thereof, may, for the purpose of carrying out this 

9 Act— 

10 (1) hold such hearings and sit and act at such 

11 times and places, take such testimony, receive such 

12 evidence, administer such oaths; and 

13 (2) subject to subsection (b)(1), require, by sub14 poena or otherwise, the attendance and testimony of 

15 such witnesses and the production of such books, 

16 records, correspondence, memoranda, papers, and 

17 documents, as the Commission or such designated 

18 subcommittee or designated member may determine 

19 advisable. 

20 (b) SUBPOENAS.— 

21 (1) ISSUANCE.— 

22 (A) IN GENERAL.—A subpoena may be 

23 issued under this subsection only— 

24 (i) by the agreement of the Chair and 

25 Vice Chair; or 


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1 (ii) by the affirmative vote of a major2 ity of the members of the Commission. 

3 (B) SIGNATURE.—Subject to subparagraph 

4 (A)(i), subpoenas issued under this subsection 

5 may be issued under the signature of the chair6 man or any member designated by a majority 

7 of the Commission, may be served by any per8 son designated by the chairman or by a member 

9 designated by a majority of the Commission. 

10 (2) ENFORCEMENT.— 

11 (A) IN GENERAL.—In the case of contu12 macy or failure to obey a subpoena issued 

13 under paragraph (1), the United States district 

14 court for the judicial district in which the sub15 poenaed person resides, is served, or may be 

16 found, or where the subpoena is returnable, 

17 may issue an order requiring such person to ap18 pear at any designated place to testify or to 

19 produce documentary or other evidence. Any 

20 failure to obey the order of the court may be 

21 punished by the court as a contempt of that 

22 court. 

23 (B) ADDITIONAL ENFORCEMENT.—In the 

24 case of any failure of any witness to comply 

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1 moned under authority of this section, the Com2 mission may, by majority vote, certify a state3 ment of fact constituting such failure to the ap4 propriate United States attorney, who may 

5 bring the matter before the grand jury for its 

6 action, under the same statutory authority and 

7 procedures as if the United States attorney had 

8 received as certification under sections 102 

9 through 104 of the Revised Statutes of the 

10 United States (2 U.S.C. 192 through 194). 

11 (c) CONTRACTING.—The Commission may, to such 

12 extent and in such amounts as are provided in appropria13 tion Acts, enter into contracts to enable the Commission 

14 to discharge its duties under this Act. 

15 (d) INFORMATION FROM FEDERAL AGENCIES.— 

16 (1) IN GENERAL.—The Commission is author17 ized to secure directly from any executive depart18 ment, bureau, agency, board, commission, office, 

19 independent establishment, or instrumentality of the 

20 Government, information, suggestions, estimates, 

21 and statistics for the purposes of this Act. Each de22 partment, bureau, agency, board, commission, office, 

23 independent establishment, or instrumentality shall, 

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1 rectly to the Commission, upon request made by the 

2 chairman, the chairman of any subcommittee cre3 ated by a majority of the Commission, or any mem4 ber designated by a majority of the Commission. 

5 (2) RECEIPT, HANDLING, STORAGE, AND DIS6 SEMINATION.—Information shall only be received, 

7 handled, stored, and disseminated by members of 

8 the Commission and its staff consistent with all ap9 plicable statutes, regulations, and Executive orders. 

10 (e) ASSISTANCE FROM FEDERAL AGENCIES.— 

11 (1) GENERAL SERVICES ADMINISTRATION.— 

12 The Administrator of General Services shall provide 

13 to the Commission on a reimbursable basis adminis14 trative support and other services for the perform15 ance of the Commission’s functions. 

16 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

17 addition to the assistance prescribed in paragraph 

18 (1), departments and agencies of the United States 

19 may provide to the Commission such services, funds, 

20 facilities, staff, and other support services as they 

21 may determine advisable and as may be authorized 

22 by law. 

23 (f) POSTAL SERVICES.—The Commission may use 

24 the United States mails in the same manner and under 


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1 the same conditions as departments and agencies of the 

2 United States. 

3 SEC. 8. STAFF. 

4 (a) IN GENERAL.— 

5 (1) APPOINTMENT AND COMPENSATION.—The 

6 chairman, in accordance with rules agreed upon by 

7 the Commission, may appoint and fix the compensa8 tion of a staff director and such other personnel as 

9 may be necessary to enable the Commission to carry 

10 out its functions, without regard to the provisions of 

11 title 5, United States Code, governing appointments 

12 in the competitive service, and without regard to the 

13 provisions of chapter 51 and subchapter III of chap14 ter 53 of such title relating to classification and 

15 General Schedule pay rates, except that no rate of 

16 pay fixed under this subsection may exceed the 

17 equivalent of that payable for a position at level V 

18 of the Executive Schedule under section 5316 of title 

19 5, United States Code. 

20 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

21 (A) IN GENERAL.—The staff director and 

22 any personnel of the Commission who are em23 ployees shall be employees under section 2105 

24 of title 5, United States Code, for purposes of 


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1 chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, 

2 and 90 of that title. 

3 (B) MEMBERS OF COMMISSION.—Subpara4 graph (A) shall not be construed to apply to 

5 members of the Commission. 

6 (b) DETAILEES.—Any Federal Government employee 

7 may be detailed to the Commission without reimbursement 

8 from the Commission, and such detailee shall retain the 

9 rights, status, and privileges of his or her regular employ10 ment without interruption. 

11 (c) EXPERT AND CONSULTANT SERVICES.—The 

12 Commission is authorized to procure the services of ex13 perts and consultants in accordance with section 3109 of 

14 title 5, United States Code, but at rates not to exceed the 

15 daily rate paid a person occupying a position at level IV 

16 of the Executive Schedule under section 5315 of title 5, 

17 United States Code. 

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

19 (a) REQUIRING PUBLIC MEETINGS AND RELEASE OF

20 PUBLIC VERSIONS OF REPORTS.—The Commission 

21 shall— 

22 (1) hold public hearings and meetings to the ex23 tent appropriate; and 

24 (2) release public versions of the reports re25 quired under section 6(b). 


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1 (b) PUBLIC HEARINGS.—Any public hearings of the 

2 Commission shall be conducted in a manner consistent 

3 with the protection of information provided to or developed 

4 for or by the Commission as required by any applicable 

5 statute, regulation, or Executive order. 

6 SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEM7 BERS AND STAFF. 

8 The appropriate Federal agencies or departments 

9 shall cooperate with the Commission in expeditiously pro10 viding to the Commission members and staff appropriate 

11 security clearances to the extent possible pursuant to ex12 isting procedures and requirements, except that no person 

13 shall be provided with access to classified information 

14 under this Act without the appropriate security clearances. 

15 SEC. 11. TERMINATION. 

16 (a) IN GENERAL.—The Commission, and all the au17 thorities of this Act, shall terminate 60 days after the date 

18 on which the final report is submitted under section 

19 6(b)(2). 

20 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI21 NATION.—The Commission may use the 60-day period re22 ferred to in subsection (a) for the purpose of concluding 

23 its activities, including providing testimony to committees 

24 of Congress concerning its reports, and disseminating the 

25 final report. 


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1 SEC. 12. FUNDING. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

3 authorized to be appropriated $3,000,000 to carry out this 

4 Act. 

5 (b) DURATION OF AVAILABILITY.—Amounts made 

6 available to the Commission under subsection (a) shall re7 main available until the termination of the Commission. 

8 SEC. 13. DEFINITION. 

9 In this Act, the term ‘‘electronic systems’’ means 

10 computers, servers, and electronic communications. 

Æ 


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