I 
110TH CONGRESS 
2D SESSION 
H. R. 7007 
To establish the American Cybersecurity Commission to investigate the cur-
rent threats to the cybersecurity of American business and infrastructure 
from foreign entities. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2008 
Mr. ACKERMAN (for himself, Mr. MCCOTTER, Mr. KANJORSKI, and Mr. 
WOLF) introduced the following bill; which was referred to the Committee 
on Science and Technology, and in addition to the Committee on Over-
sight and Government Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish the American Cybersecurity Commission to in-
vestigate the current threats to the cybersecurity of 
American business and infrastructure from foreign enti-
ties. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Commission 
on American Cybersecurity Act of 2008’’. 
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SEC. 2. ESTABLISHMENT OF THE COMMISSION. 
There is established a commission to be known as the 
‘‘National Commission on American Cybersecurity’’ (here-
inafter in this Act referred to as the ‘‘Commission’’. 
SEC. 3. DUTIES OF THE COMMISSION. 
The duties of the Commission shall be— 
(1) to analyze the cybersecurity of American 
business, national infrastructure, and United States 
Government non-military and non-national security 
related computer systems against compromise from 
foreign entities, both governmental and private; 
(2) to assess the current effectiveness of those 
American institutions and National infrastructure in 
remaining secure against foreign interference; and 
(3) to recommend a comprehensive cyber-
security strategy for American business, national in-
frastructure, and United States Government non- 
military and non-national security related computer 
systems. 
SEC. 4. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 13 members as follows: 
(1) 1 member, who shall serve as the chairman 
of the Commission, appointed by the Speaker of the 
House of Representatives. 
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(2) 2 members appointed by the majority leader 
of the House of Representatives. 
(3) 2 members appointed by the minority leader 
of the House of Representatives. 
(4) 2 members appointed by the majority leader 
of the Senate. 
(5) 2 members appointed by the minority leader 
of the Senate. 
(6) 4 members appointed by the President. 
(b) QUALIFICATIONS.— 
(1) EXPERTISE.—Each member of the Commis-
sion shall be appointed on the basis of recognized ex-
pertise, experience, or familiarity with computers, 
the internet, or the security issues specified in sec-
tion 3. 
(2) NON-GOVERNMENT
SECTOR.—Members of 
the Commission may not be officers, employees, or 
elected officials of any government while serving as 
members of the Commission. 
(c) POLITICAL PARTY AFFILIATION.—Not more than 
7 members of the Commission shall be from the same po-
litical party. 
(d) CONTINUATION OF MEMBERSHIP.—If a member 
was appointed to the Commission because the member was 
not an officer, employee, or elected official of any govern-
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ment and later becomes such an officer, employee, or offi-
cial, that member may continue as a member of the Com-
mission for not longer than the 60-day period beginning 
on the date that member becomes such an officer, em-
ployee, or official, as the case may be. 
(e) TERMS.—Each member shall be appointed for the 
life of the Commission. 
(f) BASIC PAY.—To the extent or in the amounts pro-
vided in advance in appropriation Acts, each member of 
the Commission may be compensated at a level not to ex-
ceed the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive Sched-
ule under section 5315 of title 5, United States Code, for 
each day during which that member is engaged in the ac-
tual performance of the duties of the Commission. 
(g) TRAVEL EXPENSES.—Each member shall receive 
travel expenses, including per diem in lieu of subsistence, 
in accordance with applicable provisions under subchapter 
I of chapter 57 of title 5, United States Code. 
(h) QUORUM.—7 members of the Commission shall 
constitute a quorum, but a lesser number may hold hear-
ings. 
(i) MEETINGS.—The Commission shall meet upon the 
call of the chairman or a majority of its members. 
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SEC. 5. STAFF OF COMMISSION. 
(1) DIRECTOR.—The Chairman of the Commis-
sion, in accordance with the rules agreed upon by 
the Commission, may appoint a Director. The Direc-
tor shall be paid at a rate not to exceed the equiva-
lent of that payable for a position at level V of the 
Executive Schedule under section 5316 of title 5, 
United States Code. 
(2) STAFF.—The Chairman of the Commission, 
in accordance with rules agreed upon by the Com-
mission, may appoint and fix the compensation of 
additional personnel as may be necessary to enable 
the Commission to carry out its functions, 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 schedules 
pay rates; except that no rate of pay fixed under this 
paragraph 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. 
(3) EXPERTS AND CONSULTANTS.—Subject to 
rules prescribed by the Commission, the Commission 
may procure temporary and intermittent services 
under section 3109(b) or title 5, United States 
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Code, but at rates for individuals not to exceed the 
daily rate paid to a person occupying a position at 
level IV of the Executive Schedule under section 
5315 of title 5, United States Code. 
(4) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Commission, the head of any Federal 
department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out 
its duties under this Act. 
SEC. 6. POWERS OF COMMISSION. 
(a) HEARINGS
AND SESSIONS.—The Commission 
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and 
receive evidence as the Commission considers appropriate. 
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is au-
thorized to take by this section. 
(c) OBTAINING OFFICIAL DATA.—The Commission 
may secure directly from any department or agency of the 
United States information necessary to enable it to carry 
out this Act. Upon the request of the Chairperson, the 
head of that department or agency shall furnish that infor-
mation to the Commission. 
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(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities 
under this Act. 
(e) SUBPOENA POWER.— 
(1) IN GENERAL.—The Commission may issue 
subpoenas requiring the attendance and testimony of 
witnesses and the production of any evidence relat-
ing to any matter which the Commission is empow-
ered to investigate. The attendance of witnesses and 
the production of evidence may be required from any 
place within the United States at any designated 
place of hearing within the United States. 
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1) of this subsection, the Commission may 
apply to a United States district court for an order 
requiring that person to appear before the Commis-
sion to give testimony, produce evidence, or both, re-
lating to the matter under investigation. The appli-
cation may be made within the judicial district 
where the hearing is conducted or where that person 
is found, resides, or transacts business. Any failure 
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to obey the order of the court may be punished by 
the court as civil contempt. 
(3) SERVICE OF SUBPOENAS.—The subpoenas 
of the Commission shall be served in the manner 
provided for by a United States District court under 
the Federal Rules of Civil Procedure for the United 
States district courts. 
(4) SERVICE OF PROCESS.—All process of any 
court to which application is made under paragraph 
(2) of this subsection may be served in the judicial 
district in which the person required to be served re-
sides or may be found. 
(f) IMMUNITY.—The Commission is an agency of the 
United States for the purpose of part V of title 18, United 
States Code. A person may not be excused from testifying 
or from producing evidence pursuant to a subpoena on the 
ground that the testimony or evidence required by the sub-
poena may tend to incriminate or subject that person to 
criminal prosecution. A person, after having claimed the 
privilege against self-incrimination, may not be criminally 
prosecuted by reason of any transaction, matter, or thing 
which that person is compelled to testify about or produce 
evidence relating to, except that the person may be pros-
ecuted for perjury committed during the testimony or 
made in the evidence. 
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SEC. 7. REPORTS. 
(a) INTERIM REPORTS.—The Commission may sub-
mit to the President and the Congress interim reports as 
the Commission considers appropriate. 
(b) FINAL REPORTS.—The Commission shall trans-
mit a final report to the President and the Congress not 
later than 24 months after the Commission’s first meet-
ing. The final report shall contain a detailed statement 
of the findings and conclusions of the Commission, to-
gether with its recommendations. 
(c) REPORTS AVAILABLE TO THE PUBLIC.—All find-
ings and reports issued by the Commission shall be made 
available to the public. 
SEC. 8. TERMINATION. 
The Commission, and all the authorities of this Act, 
shall terminate 30 days after the date on which the final 
report is submitted under section 7(b). 
Æ 
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