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. 
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 ‘‘Protecting Our Democ-
racy Act’’. 
SEC. 2. ESTABLISHMENT. 
There is established in the legislative branch the Na-
tional Commission on Foreign Interference in the 2016 
Election (in this Act referred to as the ‘‘Commission’’). 
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SEC. 3. PURPOSES. 
(a) ACTIVITIES
OF RUSSIAN GOVERNMENT.—The 
purpose of the Commission is to examine any attempts 
or activities by the Russian government, persons or enti-
ties associated with the Russian government, or persons 
or entities within Russia to use electronic means to influ-
ence, interfere with, or sow distrust in elections for public 
office held in the United States in 2016, including the fol-
lowing: 
(1) Electronic hacks by the Russian govern-
ment, persons or entities associated with the Rus-
sian government, or other persons or entities within 
Russia into— 
(A) the electronic systems of the Demo-
cratic National Committee; 
(B) the electronic systems of the Demo-
cratic Congressional Campaign Committee; 
(C) the electronic systems of Mr. John Po-
desta, campaign chairman for Democratic Pres-
idential nominee Hillary Clinton; 
(D) the electronic systems of former Sec-
retary of State Colin Powell; and 
(E) the electronic systems of Arizona, Illi-
nois, and Florida, particularly voter database 
information. 
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(2) Efforts by the Russian government, persons 
or entities associated with the Russian government, 
or persons or entities within Russia to put forward, 
disseminate, or promote false news about the cam-
paigns for elections for public office held in the 
United States in 2016. 
(3) Efforts by the Russian government to work 
with other governments, entities, and individuals to 
carry out activities described in paragraphs (1) and 
(2). 
(b) ACTIVITIES OF OTHERS.—In addition to the pur-
pose described in subsection (a), the purpose of the Com-
mission is to examine attempts or activities by govern-
ments other than the Russian government, persons associ-
ated with governments other than the Russian govern-
ment, and other entities and individuals to use electronic 
means to influence, interfere with, or sow distrust in elec-
tions for public office held in the United States in 2016, 
including activities similar to those described in para-
graphs (1) through (3) of subsection (a). 
SEC. 4. COMPOSITION AND COMPENSATION OF COMMIS-
SION. 
(a) MEMBERS.—The Commission shall be composed 
of 12 members, of whom— 
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(1) three shall be appointed by the Speaker of 
the House of Representatives and three shall be ap-
pointed by the Majority Leader of the Senate; and 
(2) three shall be appointed by the Minority 
Leader of the House of Representatives and three 
shall be appointed by the Minority Leader of the 
Senate. 
(b) CHAIR AND VICE CHAIR.—The Commission, by 
majority vote, shall choose a Chair and Vice Chair, of 
whom— 
(1) one shall be a member appointed under 
paragraph (1); and 
(2) one shall be a member appointed under 
paragraph (2). 
(c) QUALIFICATIONS.— 
(1) NONGOVERNMENTAL APPOINTEES.—An in-
dividual appointed to the Commission may not be an 
officer or employee of the Federal Government, any 
State, or any local government. 
(2) OTHER QUALIFICATIONS.—It is the sense of 
Congress that individuals appointed to the Commis-
sion should be prominent United States citizens, 
with national recognition and significant depth of ex-
perience in such professions as governmental service, 
law enforcement, the armed services, law, public ad-
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ministration, intelligence gathering, foreign affairs, 
cybersecurity, and Federal elections. 
(3) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed not later 
than 90 days after the date of the enactment of this 
Act. 
(4) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner in which the original appointment 
was made. 
(5) COMPENSATION.— 
(A) IN GENERAL.—Each member of the 
Commission may be compensated at 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 Schedule under section 5315 of 
title 5, United States Code, for each day during 
which that member is engaged in the actual 
performance of the duties of the Commission. 
(B) TRAVEL EXPENSES.—While away from 
their homes or regular places of business in the 
performance of services for the Commission, 
members of the Commission shall be allowed 
travel expenses, including per diem in lieu of 
subsistence, in the same manner as persons em-
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ployed intermittently in the Government service 
are allowed expenses under section 5703(b) of 
title 5, United States Code. 
SEC. 5. PROCEDURES OF COMMISSION. 
(a) INITIAL MEETING.—The Commission shall meet 
and begin the operations of the Commission as soon as 
practicable. After its initial meeting, the Commission shall 
meet upon the call of the chairman or a majority of its 
members. 
(b) QUORUM.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a majority of the members of the Com-
mission shall constitute a quorum. 
(2) ALTERNATIVE QUORUM FOR TAKING TESTI-
MONY.—For purposes of taking testimony of wit-
nesses, 2 members of the Commission may con-
stitute a quorum, so long as at least one of the 
members is a member appointed under paragraph 
(1) of section 4(a) and at least one of the members 
is a member appointed under paragraph (2) of sec-
tion 4(a). 
(c) VOTING.—No proxy voting shall be allowed on be-
half of a member of the Commission. 
(d) RULES OF PROCEDURE.— 
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(1) IN GENERAL.—The Commission shall estab-
lish rules for the conduct of the Commission’s busi-
ness, if such rules are not inconsistent with this Act 
or other applicable law. 
(2) ADOPTION
AT
INITIAL
MEETING.—At its 
initial meeting, the Commission shall adopt the rules 
established under paragraph (1). 
SEC. 6. FUNCTIONS OF COMMISSION. 
(a) IN GENERAL.—The duties of the Commission are 
as follows: 
(1) To investigate attempts or activities by the 
Russian government, persons or entities associated 
with the Russian government, or persons or entities 
within Russia to use electronic means to influence, 
interfere with, or sow distrust in elections for public 
office held in the United States in 2016, including 
the following: 
(A) Electronic hacks by the Russian gov-
ernment, persons or entities associated with the 
Russian government, or other persons or enti-
ties within Russia into— 
(i) the electronic systems of the 
Democratic National Committee; 
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(ii) the electronic systems of the 
Democratic Congressional Campaign Com-
mittee; 
(iii) the electronic systems of Mr. 
John Podesta, campaign chairman for 
Democratic Presidential nominee Hillary 
Clinton; 
(iv) the electronic systems of former 
Secretary of State Colin Powell; and 
(v) the electronic systems of Arizona, 
Illinois, and Florida, particularly voter 
database information. 
(B) Efforts by the Russian government, 
persons or entities associated with the Russian 
government, or persons or entities within Rus-
sia to put forward, disseminate, or promote 
false news about the campaigns for elections for 
public office held in the United States in 2016. 
(C) Efforts by the Russian government to 
work with other governments, entities, and indi-
viduals to carry out activities described in sub-
paragraphs (A) and (B). 
(2) To investigate attempts or activities by gov-
ernments other than the Russian government, per-
sons or entities associated with governments other 
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than the Russian government, and other entities and 
individuals to use electronic means to influence, 
interfere with, or sow distrust in elections for public 
office held in the United States in 2016, including 
activities similar to those described in subparagraphs 
(A) through (C) of paragraph (1). 
(3) To identify, review, and evaluate the lessons 
learned from the attempts, activities, and efforts de-
scribed in paragraphs (1) and (2) relative to detect-
ing, preventing, protecting from, and responding to 
such attempts, activities, and efforts. 
(4) To make such recommendations as the 
Commission considers appropriate to ensure that 
foreign governments and persons associated with 
foreign governments never again use electronic 
means to influence, interfere with, or sow distrust in 
elections for public office held in the United States. 
(b) REPORTS TO THE PRESIDENT AND CONGRESS.— 
(1) INTERIM REPORTS.—The Commission may 
submit to the President and Congress interim re-
ports containing such findings, conclusions, and rec-
ommendations as have been agreed to by a majority 
of Commission members. 
(2) FINAL REPORT.—Not later than 18 months 
after the date of the enactment of this Act, the 
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Commission shall submit to the President and Con-
gress a final report containing such findings, conclu-
sions, and recommendations as have been agreed to 
by a majority of Commission members. 
SEC. 7. POWERS OF COMMISSION. 
(a) HEARINGS AND EVIDENCE.—The Commission or, 
on the authority of the Commission, any subcommittee or 
member thereof, may, for the purpose of carrying out this 
Act— 
(1) hold such hearings and sit and act at such 
times and places, take such testimony, receive such 
evidence, administer such oaths; and 
(2) subject to subsection (b)(1), require, by sub-
poena or otherwise, the attendance and testimony of 
such witnesses and the production of such books, 
records, correspondence, memoranda, papers, and 
documents, as the Commission or such designated 
subcommittee or designated member may determine 
advisable. 
(b) SUBPOENAS.— 
(1) ISSUANCE.— 
(A) IN
GENERAL.—A subpoena may be 
issued under this subsection only— 
(i) by the agreement of the Chair and 
Vice Chair; or 
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(ii) by the affirmative vote of a major-
ity of the members of the Commission. 
(B) SIGNATURE.—Subject to subparagraph 
(A)(i), subpoenas issued under this subsection 
may be issued under the signature of the chair-
man or any member designated by a majority 
of the Commission, may be served by any per-
son designated by the chairman or by a member 
designated by a majority of the Commission. 
(2) ENFORCEMENT.— 
(A) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued 
under paragraph (1), the United States district 
court for the judicial district in which the sub-
poenaed person resides, is served, or may be 
found, or where the subpoena is returnable, 
may issue an order requiring such person to ap-
pear 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. 
(B) ADDITIONAL ENFORCEMENT.—In the 
case of any failure of any witness to comply 
with any subpoena or to testify when sum-
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moned under authority of this section, the Com-
mission may, by majority vote, certify a state-
ment of fact constituting such failure to the ap-
propriate 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 as certification under sections 102 
through 104 of the Revised Statutes of the 
United States (2 U.S.C. 192 through 194). 
(c) CONTRACTING.—The Commission may, to such 
extent and in such amounts as are provided in appropria-
tion Acts, enter into contracts to enable the Commission 
to discharge its duties under this Act. 
(d) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission is author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this Act. Each de-
partment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such infor-
mation, suggestions, estimates, and statistics di-
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rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommittee cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(e) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), departments and agencies of the United States 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
(f) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
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