2000 
[DOCID: f:h3378ih.txt]






107th CONGRESS
  1st Session
                                H. R. 3378

           To establish the Commission on Homeland Security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 2001

   Mr. Horn introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
           To establish the Commission on Homeland Security.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Homeland Security 
Act''.

SEC. 2. ESTABLISHMENT.

    There is established the ``Commission on Homeland Security'' (in 
this Act referred to as the ``Commission'').

SEC. 3. DUTY OF COMMISSION.

    The Commission shall study procedures to protect the security of 
the United States, including, but not limited to--
            (1) the efficiency and effectiveness with which Federal 
        departments and agencies perform their security missions;
            (2) the adequacy of Federal personnel resources to perform 
        security missions;
            (3) the adequacy and effectiveness of Federal controls over 
        financial and information systems;
            (4) the accuracy, reliability, and security of personal 
        identification information and systems used by the Federal 
        Government under existing law;
            (5) how effectively Federal departments and agencies are 
        organized to perform security missions; and
            (6) the effectiveness of relationships among, and 
        activities of, the Federal Government, the States, and 
        municipalities to protect security.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 21 
members appointed as follows:
            (1) Five members appointed by the President, one of whom 
        shall be the Assistant to the President for Homeland Security.
            (2) Four members appointed by the Speaker of the House of 
        Representatives.
            (3) Four members appointed by the minority leader of the 
        House of Representatives.
            (4) Four members appointed by the majority leader of the 
        Senate.
            (5) Four members appointed by the minority leader of the 
        Senate.
    (b) Qualifications.--Members of the Commission shall include 
individuals with expertise in information technology and security, 
civil liberties issues, and law enforcement issues.
    (c) Deadline for Appointment.--Members shall be appointed not later 
than 60 days after the date of the enactment of this Act.
    (d) Terms.--Each member shall be appointed for the life of the 
Commission.
    (e) Pay.--Members shall serve without pay, but 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.
    (f) Chairperson.--The Assistant to the President for Homeland 
Security shall be the Chairperson of the Commission.

SEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND 
              CONSULTANTS.

    (a) Executive Director.--The Commission shall have an Executive 
Director who shall be appointed by the Commission. The Executive 
Director shall be paid at the rate of basic pay for level IV of the 
Executive Schedule.
    (b) Staff.--The Commission may appoint and fix the pay of 
additional personnel as it considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Executive 
Director and staff of the Commission may be appointed without regard to 
the provisions of title 5, United States Code, governing appointments 
in the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
an individual so appointed may not receive pay in excess of the annual 
rate of basic pay for GS-15 of the General Schedule.
    (d) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (e) Staff of Federal Agencies.--Upon request 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. HEARINGS AND SESSIONS.

    The Commission may, for the purpose of carrying out this Act, hold 
hearings, sit and act at times and places, take testimony, and receive 
evidence as the Commission considers appropriate. The Commission shall 
hold a minimum of eight hearings, including hearings in California, New 
York, Texas, Illinois, and Florida.

SEC. 7. ADDITIONAL POWERS OF COMMISSION.

    (a) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action that 
the Commission is authorized to take by this section.
    (b) 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 request of the 
Chairperson of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    (c) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. 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 person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure 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 subpoenas issued 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) may be served in the 
        judicial district in wh
602
ich the person required to be served 
        resides or may be found.
    (g) Immunity.--The Commission is an agency of the United States for 
the purpose of part V of title 18, United States Code (relating to 
immunity of witnesses). Except as provided in this subsection, 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 subpoena 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 
prosecuted for perjury committed during the testimony or made in the 
evidence.

SEC. 8. REPORT.

    The Commission shall transmit a report to the President and 
Congress not later than 14 months after the date of the enactment of 
this Act containing a detailed statement of the findings and 
conclusions of the Commission, together with recommendations for 
legislation and administrative actions that the Commission considers 
appropriate.

SEC. 9. TERMINATION.

    The Commission shall terminate 30 days after submitting its final 
report pursuant to section 8.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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