,,ii #aaeth ,,congress #ast ,session ,s4 #ahba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ad1 #bjag ,mrs4 ,gillibrand 7for herself and ,mr4 ,graham7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to establish the ,national ,commission on the ,cybersecurity of ,united ,states ,election ,systems1 and for other purposes4 #a4 ,establishment of ,commission ,there is established the ,national ,commission on the ,cybersecurity of ,united ,states ,election ,systems 7in this ,act referred to as the ,commission74 #b4 ,purposes ,the purposes of the ,commission are-- 7#a7 to identify and document mitigation and response actions to or in the prevention of cybersecurity vulnerabilities in1 or threats or attacks to1 the election systems in the ,united ,states in #bjaf2 7#b7 to document and describe any harm or attempted harm with respect to election systems in the ,united ,states in #bjaf2 7#c7 to review foreign cyber interference in elections in other countries in order to understand additional cybersecurity threats1 interference methods1 and successful defense mechanisms2 7#d7 to make a full and complete accounting of what emerging threats and unmitigated vulnerabilities remain and to identify likely threats to election systems in the ,united ,states2 and 7#e7 to report on the recommendations of the ,commission for action at the ,federal1 ,state1 and local level4 #c4 ,composition of the ,commission 7a7 ,members ,the ,commission shall be composed of #ae members1 of whom-- 7#a7 #b members shall be appointed by the ,election ,assistance ,commission2 7#b7 #c members shall be appointed by the members of the ,national ,association of ,secretaries of ,state together with the members of the ,national ,association of ,state ,election ,directors2 7#c7 #e members shall be appointed by the majority leader of the ,senate1 in consultation with the minority leader of the ,senate1 from all candidates nominated under subparagraphs 7,a7 through 7,e71 including-- 7,a7 #c candidates nominated by the chairperson1 in consultation with the ranking member1 of the ,committee on the ,judiciary of the ,senate2 7,b7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,select ,committee on ,intelligence of the ,senate2 7,c7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,committee on ,foreign ,relations of the ,senate2 7,d7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,e7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,committee on ,rules and ,administration of the ,senate2 and 7#d7 #e members shall be appointed by the ,speaker of the ,house of ,representatives1 in consultation with the minority leader of the ,house of ,representatives1 from all candidates nominated under subparagraphs 7,a7 through 7,e71 including-- 7,a7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,committee on the ,judiciary of the ,house of ,representatives2 7,b7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,c7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,d7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,e7 #c candidates nominated by the chairperson1 in consultation with the ranking member of the ,committee on ,house ,administration of the ,house of ,representatives4 7b7 ,chairperson ,the ,commission shall nominate a chairperson of the ,commission from among the members of the ,commission4 7c7 ,qualifications2 initial meeting 7#a7 ,political party affiliation ,not more than #h members of the ,commission shall be from the same political party4 7#b7 ,elected officials ,an individual appointed to the ,commission may not be a serving elected official of the ,federal ,government or any ,state or local government4 7#c7 ,other qualifications ,it is the sense of ,congress that individuals appointed to the ,commission should be prominent ,united ,states citizens1 with national recognition and significant depth of experience in such professions as governmental service1 law enforcement1 election law1 election security1 political campaign management1 information warfare1 public administration1 cyber espionage1 and cybersecurity4 7#d7 ,initial meeting ,if #fj days after the date of enactment of this ,act1 eight or more members of the ,commission have been appointed1 those members who have been appointed may meet and1 if necessary1 select a temporary chairperson1 who may begin the operations of the ,commission1 including the hiring of staff4 7d7 ,quorum2 vacancies ,after its initial meeting1 the ,commission shall meet upon the call of the chairperson or a majority of its members4 ,eight members of the ,commission shall constitute a quorum4 ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 #d4 ,functions of the ,commission ,the functions of the ,commission are-- 7#a7 to conduct an investigation that-- 7,a7 documents the relevant facts and circumstances with respect to harm or attempted harm to the election systems in the ,united ,states in #bjaf1 including any regulation1 plan1 policy1 practice1 or procedure2 and 7,b7 may include relevant facts and circumstances relating to-- 7i7 intelligence agencies2 7ii7 international intelligence agencies with which the ,united ,states traditionally collaborates2 7iii7 law enforcement agencies2 7iv7 election infrastructure providers1 vendors1 or consultants2 7v7 political campaign professionals1 information warfare experts1 or political press experts2 7vi7 public or private cybersecurity vendors1 consultants1 advisors1 or staff2 7vii7 ,state and local election officials and election personnel2 7viii7 persons with election oversight responsibilities1 including government entities and nonprofit organizations2 7ix7 cybersecurity2 and 7x7 other areas of the public and private sectors determined relevant by the ,commission2 7#b7 to identify and document successful and unsuccessful mitigation and response actions in the prevention of cybersecurity vulnerabilities1 threats1 or attacks to the election systems in the ,united ,states in #bjaf2 7#c7 to identify1 review1 and evaluate-- 7,a7 what unmitigated cybersecurity gaps remain2 and 7,b7 what are the most likely threats to election systems in the future2 7#d7 to develop recommendations for action at the ,federal1 ,state1 and local level1 including with respect to the structure1 coordination1 management policies1 and procedures of the ,federal ,government in-- 7,a7 assessing2 7,b7 detecting2 7,c7 preventing2 and 7,d7 responding to cybersecurity vulnerabilities1 threats1 or attacks2 and 7#e7 to submit to the ,president and ,congress the reports required by this ,act containing the findings1 conclusions1 and recommendations as the ,commission shall determine4 #e4 ,powers of the ,commission 7a7 ,in general 7#a7 ,hearings and evidence ,the ,commission or1 on the authority of the ,commission1 any subcommittee or member thereof1 may1 for the purpose of carrying out this ,act-- 7,a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 administer such oaths2 and 7,b7 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission or such designated subcommittee or designated member may determine advisable4 7#b7 ,subpoenas 7,a7 ,issuance ,subpoenas issued under paragraph 7#a77;,b7 may be issued under the signature of the chairperson of the ,commission1 the chairperson of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission1 and may be served by any person designated by the chairperson1 subcommittee chairperson1 or member4 7,b7 ,enforcement 7i7 ,in general ,in the case of contumacy or failure to obey a subpoena issued under paragraph 7#a77;,b71 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as a contempt of that court4 7ii7 ,additional enforcement ,sections #ajb through #ajd of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #aib through #aid7 shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section4 7b7 ,closed meetings 7#a7 ,in general ,meetings of the ,commission may be closed to the public under section #aj7;d7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 or other applicable law4 7c7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge the duties of the ,commission under this ,act4 7d7 ,information from ,federal agencies ,the ,commission is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government information1 suggestions1 estimates1 and statistics for the purposes of this ,act4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chairperson1 the chairperson of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission4 7e7 ,assistance from ,federal agencies 7#a7 ,general services administration ,the ,administrator of ,general ,services shall provide to the ,commission on a reimbursable basis administrative support and other services for the performance of the ,commission's functions4 7#b7 ,other departments and agencies ,in addition to the assistance prescribed in paragraph 7#a71 departments and agencies of the ,united ,states are authorized to provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 7f7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property4 7g7 ,postal services ,the ,commission may use the ,united ,states mails in the same manner and under the same conditions as departments and agencies of the ,united ,states4 #f4 ,staff of the ,commission 7a7 ,in general 7#a7 ,appointment and compensation ,the chairperson1 in accordance with rules agreed upon by the ,commission1 may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the ,commission to carry out the functions of the ,commission1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7#b7 ,personnel as ,federal employees 7,a7 ,in general ,the executive director and any personnel of the ,commission who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and #ij of that title4 7,b7 ,members of ,commission ,subparagraph 7,a7 shall not be construed to apply to members of the ,commission4 7b7 ,consultant services ,the ,commission is authorized to procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 but at rates not to exceed the daily rate paid a person occupying a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 #g4 ,compensation and travel expenses 7a7 ,compensation ,each member of the ,commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day during which that member is engaged in the actual performance of the duties of the ,commission4 7b7 ,travel expenses ,while away from their homes or regular places of business in the performance of services for the ,commission1 members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc7;b7 of title #e1 ,united ,states ,code4 #h4 ,security clearances for ,commission members and staff ,the appropriate executive departments and agencies shall cooperate with the ,commission in expeditiously providing to the ,commission members and staff appropriate security clearances in a manner consistent with existing procedures and requirements1 except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance4 #i4 ,reports of the ,commission2 termination 7a7 ,initial report ,not later than #f months after the date of the first meeting of the ,commission1 the ,commission shall submit to the ,president and ,congress an initial report containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7b7 ,additional reports ,not later than #a year after the submission of the initial report of the ,commission1 the ,commission shall submit to the ,president and ,congress a second report containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7c7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this ,act1 shall terminate #fj days after the date on which the second report is submitted under subsection 7b74 7#b7 ,administrative activities before termination ,the ,commission may use the #fj-;day period referred to in paragraph 7#a7 for the purpose of concluding the activities of the ,commission1 including providing testimony to committees of ,congress concerning the reports of the ,commission and disseminating the second report4 #aj4 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission such sums as may be necessary to carry out this ,act1 to remain available until expended4