II 

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. 

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

3 SECTION 1. ESTABLISHMENT OF COMMISSION. 

4 There is established an independent commission, 

5 which shall be known as the ‘‘Commission to End Russian 

6 Interference in United States Elections’’ (referred to in 

7 this Act as the ‘‘Commission’’). 


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1 SEC. 2. FUNCTIONS. 

2 The Commission shall— 

3 (1) comprehensively examine the facts regard4 ing the extent of Russian official and unofficial 

5 cyber operations and other attempts to interfere in 

6 the 2016 United States national election; 

7 (2) examine attempts by the Russian Govern8 ment, persons or entities associated with the Rus9 sian Government, or other persons or entities within 

10 Russia to use cyber-enabled means to access, alter, 

11 or otherwise tamper with— 

12 (A) United States electronic voting sys13 tems; 

14 (B) United States voter roll information; 

15 (C) the Democratic National Committee; 

16 (D) the Democratic Congressional Cam17 paign Committee; 

18 (E) the Democratic Governors Association; 

19 (F) the Republican National Committee; 

20 (G) the Republican Congressional Cam21 paign Committee; 

22 (H) the Republican Governors Association; 

23 (I) Donald J. Trump for President, Inc.; 

24 and 

25 (J) Hillary for America (the Hillary Clin26 ton Presidential campaign); 


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1 (3) examine efforts by the Russian Government, 

2 persons or entities associated with the Russian Gov3 ernment, or persons or entities within Russia to gen4 erate, put forward, disseminate, or promote propa5 ganda relevant to any election for public office held 

6 in the United States during 2016; 

7 (4) examine efforts by the Russian Government 

8 to collaborate with other governments, entities, or 

9 individuals to carry out activities described in para10 graphs (2) and (3); 

11 (5) examine attempts or activities by govern12 ments, persons associated with a government, enti13 ties, and individuals other than those described in 

14 paragraph (3) to use electronic means to influence, 

15 interfere with, or sow distrust in elections for public 

16 office held in the United States during 2016; 

17 (6) ascertain, evaluate, and report on the evi18 dence developed by all relevant government agencies, 

19 including the Department of State, the Office of the 

20 Director for National Intelligence, the Central Intel21 ligence Agency, the National Security Agency, the 

22 Department of Homeland Security, the Federal Bu23 reau of Investigation, the Department of Defense, 

24 and State election commissions, regarding the facts 

25 and circumstances surrounding Russia’s interference 


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1 with elections for public office held in the United 

2 States during 2016; 

3 (7) review and build upon the findings of com4 pleted or ongoing efforts to the investigate such 

5 Russian interference, including investigations or in6 quires conducted by— 

7 (A) the Administration of President 

8 Barack Obama; 

9 (B) the Select Committee on Intelligence 

10 of the Senate; 

11 (C) the Committee on Armed Services of 

12 the Senate; 

13 (D) the Committee on Foreign Relations of 

14 the Senate; and 

15 (E) other executive branch, congressional, 

16 or independent entities; 

17 (8) make a full accounting of— 

18 (A) the circumstances surrounding official 

19 and unofficial attempts to interfere in the 2016 

20 United States election, including through cyber 

21 operations and the promotion of propaganda or 

22 other disinformation; 

23 (B) the level of preparedness of Federal, 

24 State, and local governments to defend against 

25 such interference; and 


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1 (C) the United States response to such in2 terference; and 

3 (9) submit a report to the President and Con4 gress, in accordance with section 9, on the findings, 

5 conclusions, and recommendations of the Commis6 sion on preventing the reoccurrence of such inter7 ference. 

8 SEC. 3. COMPOSITION. 

9 (a) APPOINTMENTS.— 

10 (1) IN GENERAL.—The Commission shall be 

11 composed of eight members, of which— 

12 (A) two shall be appointed by the majority 

13 leader of the Senate; 

14 (B) two shall be appointed by the minority 

15 leader of the Senate; 

16 (C) two shall be appointed by the Speaker 

17 of the House of Representatives; and 

18 (D) two shall be appointed by the minority 

19 leader of the House of Representatives. 

20 (2) DEADLINE FOR APPOINTMENT.—Each ini21 tial member of the Commission shall be appointed 

22 not later than 30 days after the date of the enact23 ment of this Act. 


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1 (3) PERIOD OF APPOINTMENT.—Each member 

2 of the Commission shall be appointed for the life of 

3 the Commission. 

4 (b) QUALIFICATIONS.— 

5 (1) POLITICAL PARTY AFFILIATION.—Not more 

6 than 4 members of the Commission may be members 

7 of the same political party. 

8 (2) NONGOVERNMENTAL APPOINTEES.—None 

9 of the members of the Commission may be a Mem10 ber of Congress (including a Delegate or Resident 

11 Commissioner to Congress), an officer or employee 

12 of the Federal Government, or an officer or em13 ployee of any State or local government. 

14 (3) OTHER QUALIFICATIONS.—It is the sense of 

15 Congress that individuals appointed to the Commis16 sion should be prominent United States citizens, 

17 with national recognition and significant depth of ex18 perience in professions such as governmental service, 

19 law enforcement, armed services, law, public admin20 istration, intelligence gathering, cybersecurity, elec21 tion administration, and foreign affairs. 

22 (c) INITIAL MEETING; SELECTION OF CHAIR23 PERSON.— 

24 (1) IN GENERAL.—Not later than 60 days after 

25 the date of the enactment of this Act, the CommisVerDate Sep 11 2014 00:39 Jan 11, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S27.IS S27

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1 sion shall hold an initial meeting to develop and im2 plement a schedule for completing the review and re3 port required under section 2(9). 

4 (2) CHAIRPERSON; VICE-CHAIRPERSON.—At the 

5 initial meeting of the Commission, the Commission 

6 shall select a Chairperson and a Vice-Chairperson 

7 from among its members. The Chairperson and 

8 Vice-Chairperson may not be members of the same 

9 political party. 

10 (d) QUORUM; VACANCIES.— 

11 (1) QUORUM.—Six members of the Commission 

12 shall constitute a quorum. 

13 (2) VACANCIES.—Any vacancy in the Commis14 sion shall not affect the power and duties of the 

15 Commission and shall be filled in accordance with 

16 subsection (a) not later than 90 days after the oc17 currence of such vacancy. 

18 SEC. 4. POWERS OF THE COMMISSION. 

19 (a) IN GENERAL.— 

20 (1) MEETINGS.—After its initial meeting under 

21 section 3(c)(1), the Commission shall meet upon the 

22 call of the Chairperson or a majority of its members. 

23 (2) HEARINGS AND EVIDENCE.—The Commis24 sion may— 


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1 (A) hold such hearings, sit and act at such 

2 times and places, take such testimony, receive 

3 such evidence, including classified testimony, 

4 evidence, and information, and administer such 

5 oaths as may be necessary to carry out its func6 tions under section 2; and 

7 (B) require, by subpoena or otherwise, the 

8 attendance and testimony of such witnesses and 

9 the production of such books, records, cor10 respondence, memoranda, papers, and docu11 ments, including classified materials, as the 

12 Commission or such designated subcommittee 

13 or designated member may determine advisable 

14 to carry out such functions. 

15 (3) SUBPOENAS.— 

16 (A) ISSUANCE.— 

17 (i) IN GENERAL.—A subpoena may be 

18 issued under this subsection only by the 

19 agreement of the Chairperson and the 

20 Vice-Chairperson or by the affirmative vote 

21 of 5 members of the Commission. 

22 (ii) SIGNATURE.—Subpoenas issued 

23 under this subsection— 

24 (I) may be issued under the sig25 nature of the Chairperson or any 


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1 member designated by a majority of 

2 the Commission; and 

3 (II) may be served by any person 

4 designated by the Chairperson or by a 

5 member designated by a majority of 

6 the Commission. 

7 (B) ENFORCEMENT.— 

8 (i) IN GENERAL.—In the case of con9 tumacy or failure to obey a subpoena 

10 issued under this subsection, the United 

11 States district court for the judicial district 

12 in which the subpoenaed person resides, is 

13 served, or may be found, or where the sub14 poena is returnable, may issue an order re15 quiring such person to appear at any des16 ignated place to testify or to produce docu17 mentary or other evidence. Any failure to 

18 obey the order of the court may be pun19 ished by the court as a contempt of that 

20 court. 

21 (ii) ADDITIONAL ENFORCEMENT.—If 

22 any witness fails to comply with any sub23 poena issued under this subsection or to 

24 testify when summoned under authority of 

25 this subsection, the Commission may, by 


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1 majority vote, certify a statement of fact 

2 constituting such failure to the appropriate 

3 United States attorney, who may bring the 

4 matter before the grand jury for its action, 

5 under the same statutory authority and 

6 procedures as if the United States attorney 

7 had received a certification under sections 

8 102 through 104 of the Revised Statutes 

9 of the United States (2 U.S.C. 192 

10 through 194). 

11 (b) INFORMATION FROM FEDERAL AGENCIES.— 

12 (1) IN GENERAL.—All Federal departments and 

13 agencies shall, in accordance with applicable proce14 dures for the appropriate handling of classified in15 formation, provide reasonable access to documents, 

16 statistical data, and other such information that the 

17 Commission determines necessary to carry out its 

18 functions under section 2. 

19 (2) OBTAINING INFORMATION.—The Chair20 person of the Commission shall submit a written re21 quest, as necessary, to the head of an agency de22 scribed in paragraph (1) for access to documents, 

23 statistical data, and other information described in 

24 such paragraph that is under the control of such 

25 agency. 


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1 (3) RECEIPT, HANDLING, STORAGE, AND DIS2 SEMINATION.—Information described in paragraph 

3 (1) may only be received, handled, stored and dis4 seminated by members of the Commission and its 

5 staff in accordance with all applicable statutes, regu6 lations, and Executive orders. 

7 (c) ASSISTANCE FROM FEDERAL AGENCIES.— 

8 (1) GENERAL SERVICES ADMINISTRATION.— 

9 The Administrator of General Services shall make 

10 office space available for the day-to-day activities of 

11 the Commission and for scheduled meetings of the 

12 Commission. Upon request, the Administrator shall 

13 provide, on a reimbursable basis, such administrative 

14 support as the Commission requests to fulfill its du15 ties. 

16 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

17 addition to the assistance required under paragraph 

18 (1), other Federal departments and agencies may 

19 provide to the Commission such services, funds, fa20 cilities, staff, and other support services as the 

21 heads of such entities determine advisable in accord22 ance with applicable law. 

23 (d) 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 other Federal departments and 

2 agencies. 

3 (e) AUTHORITY TO CONTRACT.— 

4 (1) IN GENERAL.—Subject to subtitle I of title 

5 40, United States Code, and division C of subtitle I 

6 of title 41, United States Code (formerly collectively 

7 known as the ‘‘Federal Property and Administrative 

8 Services Act of 1949’’), the Commission is author9 ized to enter into contracts with Federal and State 

10 agencies, private firms, institutions, and individuals 

11 for the conduct of activities necessary to the dis12 charge of its duties under section 2. 

13 (2) TERMINATION.—Any contract, lease, or 

14 other legal agreement entered into by the Commis15 sion under this subsection may not extend beyond 

16 the date specified in section 10. 

17 SEC. 5. STAFF OF THE COMMISSION. 

18 (a) DIRECTOR.—The Commission shall have a Direc19 tor, who shall be— 

20 (1) appointed by a majority vote of the Com21 mission; and 

22 (2) paid at a rate not to exceed the rate of 

23 basic pay for level IV of the Executive Schedule. 

24 (b) STAFF.— 


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1 (1) IN GENERAL.—With the approval of the 

2 Commission, the Director may appoint such per3 sonnel as the Director determines to be appropriate. 

4 Such personnel shall be paid at a rate not to exceed 

5 the rate of basic pay for level IV of the Executive 

6 Schedule, as set forth in section 5315 of title 5, 

7 United States Code. 

8 (2) ADDITIONAL STAFF.—The Commission may 

9 appoint and fix the compensation of such other per10 sonnel as may be necessary to enable the Commis11 sion to carry out its duties, without regard to the 

12 provisions of title 5, United States Code, governing 

13 appointments in the competitive service, and without 

14 regard to the provisions of chapter 51 and sub15 chapter III of chapter 53 of such title relating to 

16 classification and General Schedule pay rates, except 

17 that no rate of pay fixed under this subsection may 

18 exceed the equivalent of that payable to a person oc19 cupying a position at level V of the Executive Sched20 ule, as set forth in section 5316 of such title. 

21 (c) EXPERTS AND CONSULTANTS.—With the ap22 proval of the Commission, the Director may procure tem23 porary and intermittent services under section 3109(b) of 

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

25 rate of basic pay for level IV of the Executive Schedule. 


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1 (d) DETAILEES.—Upon the request of the Commis2 sion, any Federal Government employee may be detailed 

3 to the Commission without reimbursement from the Com4 mission, and such detailee shall retain the rights, civil 

5 service status, and privileges of his or her regular employ6 ment without interruption. 

7 SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COM8 MITTEE ACT. 

9 (a) IN GENERAL.—The Federal Advisory Committee 

10 Act (5 U.S.C. App.) shall not apply to the Commission. 

11 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

12 VERSIONS OF REPORTS.—The Commission shall— 

13 (1) hold public hearings and meetings to the ex14 tent appropriate; and 

15 (2) release public versions of the reports re16 quired under section 9. 

17 (c) PUBLIC HEARINGS.—Any public hearings of the 

18 Commission shall be conducted in a manner consistent 

19 with the protection of information provided to or developed 

20 for or by the Commission as required under any applicable 

21 statute, regulation, or Executive order. 

22 SEC. 7. COMPENSATION AND TRAVEL EXPENSES. 

23 (a) COMPENSATION.—Members of the Commission— 


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1 (1) shall not be considered to be Federal em2 ployees for any purpose by reason of service on the 

3 Commission; and 

4 (2) shall serve without pay. 

5 (b) TRAVEL EXPENSES.—While away from their 

6 homes or regular places of business in performance of 

7 services for the Commission, members of the Commission 

8 shall be allowed travel expenses, including per diem in lieu 

9 of subsistence, in accordance with section 5703 of title 5, 

10 United States Code. 

11 SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEM12 BERS AND STAFF. 

13 The appropriate Federal agencies or departments 

14 shall cooperate with the Commission to expeditiously pro15 vide, to the extent possible, appropriate security clearances 

16 to Commission members and staff in accordance with ex17 isting procedures and requirements, except that no person 

18 shall be provided with access to classified information 

19 under this Act without the appropriate security clearances. 

20 SEC. 9. REPORT. 

21 (a) IN GENERAL.—Not later than 18 months after 

22 the first meeting of the Commission, the Commission shall 

23 submit a report to the Committee on Foreign Relations 

24 of the Senate, the Committee on Foreign Affairs of the 

25 House of Representatives, the Committee on the Judiciary 


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1 of the Senate, the Committee on the Judiciary of the 

2 House of Representatives, the Committee on Homeland 

3 Security and Governmental Affairs of the Senate, the 

4 Committee on Homeland Security of the House of Rep5 resentatives, the Committee on Oversight and Government 

6 Reform of the House of Representatives, the Select Com7 mittee on Intelligence of the Senate, the Permanent Select 

8 Committee on Intelligence of the House of Representa9 tives, the Committee on Armed Services of the Senate, and 

10 the Committee on Armed Services of the House of Rep11 resentatives. The report shall include— 

12 (1) a detailed statement of the recommenda13 tions, findings, and conclusions of the Commission 

14 under section 2; and 

15 (2) summaries of the input and recommenda16 tions of the leaders and organizations with which the 

17 Commission consulted. 

18 (b) PUBLIC AVAILABILITY.—The report required 

19 under subsection (a) shall be submitted in an unclassified 

20 form, which shall be made available to the public, but may 

21 include a classified annex. 


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1 SEC. 10. TERMINATION. 

2 The Commission shall terminate on the date that is 

3 60 days after the date on which the Commission submits 

4 its report to Congress pursuant to section 9. 

Æ 


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