I

104TH CONGRESS

2D SESSION H. R. 3953

To combat terrorism.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. SHUSTER (for himself, Mr. HYDE, Mr. DUNCAN, and Mr. MCCOLLUM)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure, and in addition to the Committee on

the Judiciary, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To combat terrorism.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Aviation Security and Antiterrorism Act of 1996’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title.

TITLE I—AVIATION SECURITY

Sec. 101. Interim deployment of commercially available explosive detection

equipment.
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Sec. 102. Authority for criminal history records checks.

Sec. 103. Audit of performance of background checks for certain personnel.

Sec. 104. Performance standards for airport security personnel.

Sec. 105. Passenger profiling.

Sec. 106. Authority to use certain funds for airport security programs and activities.

Sec. 107. Assessment of cargo.

Sec. 108. Assignment of FBI agents to high-risk airports.

Sec. 109. Supplemental screening.

Sec. 110. Supplemental explosive detection.

Sec. 111. Enhanced security for small airplanes

Sec. 112. Civil aviation security review commission.

TITLE II—ANTITERRORISM

Sec. 201. Addition of terrorist offenses as RICO predicates.

Sec. 202. Enhanced Privacy Act and wiretap penalties.

Sec. 203. Combatting international state terrorism.

Sec. 204. Implementation of the Antiterrorism and Effective Death Penalty Act

of 1996.

Sec. 205. Taggants in black and smokeless powder.

Sec. 206 National Commission on Terrorism.

1 TITLE I—AVIATION SECURITY

2 SEC. 101. INTERIM DEPLOYMENT OF COMMERCIALLY

3 AVAILABLE EXPLOSIVE DETECTION EQUIP4 MENT.

5 Section 44913(a) of title 49, United States Code, is

6 amended—

7 (1) by redesignating paragraph (3) as para8 graph (4); and

9 (2) by inserting after paragraph (2) the follow10 ing new paragraph (3):

11 ‘‘(3) Until such time as the Administrator de12 termines that equipment certified under paragraph

13 (1) of this subsection is commercially available and

14 has successfully completed operational testing as

15 provided in 49 United States Code 44913(a)(1), the
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1 Administrator shall facilitate the deployment of com2 mercially available explosive detection devices that

3 the Administrator approves and determines will en4 hance aviation security significantly. The Adminis5 trator shall require that equipment deployed under

6 this paragraph be replaced by equipment certified

7 under paragraph (1) when equipment certified under

8 paragraph (1) becomes commercially available.’’.

9 SEC. 102. AUTHORITY FOR CRIMINAL HISTORY RECORDS

10 CHECKS.

11 Section 44936(a)(1) of title 49, United States Code.

12 is amended—

13 (1) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;

14 (2) by redesignating subparagraphs (A) and

15 (B) as clauses (i) and (ii), respectively; and

16 (3) by adding at the end the following:

17 ‘‘(B) The Administrator shall require by regula18 tion that an employment investigation (including a

19 criminal history record check in cases in which the

20 employment investigation reveals a gap in employ21 ment of 12 months or more that the individual does

22 not satisfactorily account for) be conducted for indi23 viduals who will be responsible for screening pas24 sengers or property under this chapter and their su25 pervisors.’’.
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1 SEC. 103. AUDIT OF PERFORMANCE OF BACKGROUND

2 CHECKS FOR CERTAIN PERSONNEL.

3 Section 44936(a) of title 49, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(3) The Administrator shall provide for the

6 periodic audit of criminal history record checks con7 ducted under paragraph (1) of this subsection.’’.

8 SEC. 104. PERFORMANCE STANDARDS FOR AIRPORT SECU9 RITY PERSONNEL.

10 Section 44935(a) of title 49, United States Code, is

11 amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (4); and

14 (2) by adding at the end the following:

15 ‘‘(6) performance standards for airport and air16 line security personnel, including counter personnel;

17 and

18 ‘‘(7) guidelines for encouraging the retention of

19 security personnel responsible for passengers and

20 cargo.’’

21 SEC. 105. PASSENGER PROFILING.

22 The Federal Aviation Administration, the Secretary

23 of Transportation, the intelligence community, and the law

24 enforcement community should continue to assist air car25 riers in developing computer-assisted passenger profiling

26 programs.
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1 SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIR2 PORT SECURITY PROGRAMS AND ACTIVITIES.

3 (a) AUTHORITY TO USE FUNDS.—Notwithstanding

4 any other provision of law, funds referred to in subsection

5 (b) may be used to expand and enhance air transportation

6 security programs and other activities at airports (includ7 ing the improvement of facilities and the purchase and de8 ployment of equipment) to ensure the safety and security

9 of passengers and other persons involved in air travel.

10 (b) COVERED FUNDS.—The following funds may be

11 used under subsection (a):

12 (1) Project grants made under subchapter 1 of

13 chapter 471 of title 49, United States Code.

14 (2) Passenger facility fees collected under sec15 tion 40117 of title 49, United States Code.

16 SEC. 107. ASSESSMENT OF CARGO.

17 (a) IN GENERAL.— The Administrator of the Federal

18 Aviation Administration shall, in consultation with the ap19 propriate Federal agencies, review—

20 (1) the oversight by the Federal Aviation Ad21 ministration of inspections of shipments of mail and

22 cargo by domestic and foreign air carriers; and

23 (2) the need for additional security measures

24 with respect to such inspections; and

25 (3) the adequacy of inspection and screening of

26 cargo on passenger air carriers.
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1 (b) LEGISLATIVE PROPOSALS.—The President shall

2 submit relevant legislative proposals to Congress, as may

3 be required.

4 SEC. 108. ASSIGNMENT OF FBI AGENTS TO HIGH-RISK AIR5 PORTS.

6 Section 44904 of title 49, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(d) RESPONSIBILITY OF FBI AGENTS TO AREAS OF

9 HIGH-RISK AIRPORTS.—The Director of the Federal Bu10 reau of Investigation shall assure that agents of the Fed11 eral Bureau of Investigation who are assigned to an area

12 where there are airports that are determined to be high13 risk airports shall, jointly with the Federal Aviation Ad14 ministration, carry out periodic threat and vulnerability

15 assessments of security every 3 years, or more frequently,

16 as necessary, at such airports.’’.

17 SEC. 109. SUPPLEMENTAL SCREENING.

18 Section 44903(c) of title 49, United States Code, is

19 amended by adding at the end of the following new para20 graph:

21 ‘‘(3) USE OF DOGS IN SCREENING.—

22 ‘‘(A) IN GENERAL.—The law enforcement

23 presence and capability required under para24 graph (1) shall include a requirement that the

25 operator of each major airport use dogs or
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1 other appropriate animals to supplement exist2 ing equipment used for screening passengers

3 and cargo for plastic explosives and other de4 vices or materials which may be used in aircraft

5 piracy. If the Administrator determines that the

6 requirements of the preceding sentence will not

7 significantly enhance the safety and security of

8 passengers and other persons involved in air

9 travel, the Administrator may modify such re10 quirements as appropriate. At the discretion of

11 the Administrator, the use of dogs at an airport

12 may be deemed as compliance with section

13 449913(a)(3) of this title.

14 ‘‘(B) MAJOR AIRPORT DEFINED.—In this

15 paragraph, the term ‘major airport’ means an

16 airport that is one of the largest 50 airports in

17 the United States, as determined by the num18 ber of passenger enplanements in calendar year

19 1995.’’.

20 SEC. 110. SUPPLEMENTAL EXPLOSIVE DETECTION.

21 Section 44913(b) of title 49, United States Code, is

22 amended to read as follows:

23 ‘‘(b) SUPPLEMENTAL EXPLOSIVE DETECTION.—

24 ‘‘(1) GRANTS.—The Secretary shall make

25 grants for expenses of training and evaluation of
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1 dogs for the explosive detection K–9 team training

2 program for the purpose of detecting explosives at

3 airports and aboard aircraft. Not later than 180

4 days after the date of the enactment of the Aviation

5 Security Improvement Act of 1996, the Secretary

6 shall extend such program to the largest 50 airports

7 in the United States, as determined by the number

8 of passenger enplanements in calendar year 1995.

9 ‘‘(2) FUNDING.—There is authorized to be ap10 propriated from the Trust Fund for carrying out

11 paragraph (1) such sums as may be necessary for

12 fiscal years beginning after September 30, 1996.

13 Such funds shall remain available until expended.’’.

14 SEC. 111. ENHANCED SECURITY FOR SMALL AIRPLANES

15 Not later than 60 days after the date of the enact16 ment of this Act, the Administrator shall initiate a rule17 making to revise section 108.5 and 108.7 of 14 C.F.R.

18 with respect to airplanes having a passenger seating con19 figuration of less than 61 to enhance the safety and secu20 rity of air travel in such airplanes.

21 SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.

22 (a) ESTABLISHMENT.—There is established a com23 mission to be known as the Civil Aviation Security Review

24 Commission (hereinafter in this section referred to as the

25 ‘‘Commission’’).
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1 (b) FUNCTIONS.—The Commission shall conduct a

2 comprehensive review of aviation security. Matters to be

3 studied by the Commission shall include the following:

4 (1) A review of the advisability of transferring

5 responsibilities of air carriers under Federal law for

6 security activities conducted on-site at airports to

7 airport operators or to appropriate entities inde8 pendent of air carriers.

9 (2) A review of whether baggage match require10 ments should be imposed on air carriers providing

11 interstate air transportation and how baggage match

12 can be accomplished to enhance the safety and secu13 rity of domestic air travel.

14 (3) A review of the cost and advisability of re15 quiring hardened cargo containers as a way to en16 hance aviation security and reduce the required sen17 sitivity of bomb detection equipment.

18 (c) MEMBERSHIP.—The Commission shall be com19 posed of 13 members, appointed from persons knowledge20 able about civil aviation in the United States and who are

21 specifically qualified by training and experience to perform

22 the duties of the Commission, as follows:

23 (1) 3 members appointed by the Secretary of

24 Transportation, in consultation with the Secretary of

25 the Treasury.
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1 (2) 10 members appointed by Congress as fol2 lows:

3 (A) 1 member appointed by each of the

4 chairman and ranking minority member of the

5 Committee on Transportation and Infrastruc6 ture of the House of Representatives.

7 (B) 1 member appointed by each of the

8 chairman and ranking minority member of the

9 Committee on Appropriations of the House of

10 Representatives.

11 (C) 1 member appointed by each of the

12 chairman and ranking minority member of the

13 Committee on Commerce, Science, and Trans14 portation of the Senate.

15 (D) 1 member appointed by each of the

16 chairman and ranking minority member of the

17 Committee on Appropriations of the Senate.

18 (E) 1 member appointed by each of the

19 chairman and ranking minority member of the

20 Committee on Ways and Means of the House of

21 Representatives.

22 (d) RESTRICTION ON APPOINTMENT OF CURRENT

23 AVIATION EMPLOYEES.—A member appointed under sub24 section (c)(1) may not be an employee of an airline, air-
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1 port, aviation union, or aviation trade association at the

2 time of appointment or while serving on the Commission.

3 (e) TIMING OF APPOINTMENTS.—The appointing au4 thorities shall make their appointments to the Commission

5 not later than 30 days after the date of the enactment

6 of this Act.

7 (f) CHAIRMAN.—In consultation with the Secretary

8 of Transportation, the Speaker of the House of Represent9 atives and the majority leader of the Senate shall des10 ignate a chairman and vice chairman from among the

11 members of the Commission not later than 30 days after

12 appointment of the last member to the Commission.

13 (g) PERIOD OF APPOINTMENT AND VACANCIES.—

14 Members shall be appointed for the life of the Commission,

15 and any vacancy on the Commission shall not affect its

16 powers but shall be filled in the same manner, and by the

17 same appointing authority, as the original appointment.

18 (h) QUORUM.—A majority of the members of the

19 Commission shall constitute a quorum to conduct busi20 ness, but the Commission may establish a lesser number

21 for conducting hearings scheduled by the Commission.

22 (i) POWERS OF THE COMMISSION.—

23 (1) HEARINGS.—The Commission may hold

24 such hearings, sit and act at such times and places,

25 administer such oaths, take such testimony, and re-
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1 ceive such evidence as the Commission considers ad2 visable to carry out its duties.

3 (2) INFORMATION FROM FEDERAL AGENCIES.—

4 The Commission may secure directly from any Fed5 eral department or agency such information or docu6 ments as the Commission considers necessary to

7 carry out its duties, unless the head of such depart8 ment or agency advises the chairman of the Com9 mission, in writing, that such information is con10 fidential and that its release to the Commission

11 would jeopardize aviation safety, the national secu12 rity, or pending criminal investigations.

13 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

14 Any Federal Government employee may be detailed

15 to the Commission without reimbursement, and such

16 detail shall be without interruption or loss of civil

17 service status or privilege.

18 (4) TRAVEL AND PER DIEM.—Members and

19 staff of the Commission shall be paid travel ex20 penses, including per diem in lieu of subsistence,

21 when away from his or her usual place of residence,

22 in accordance with section 5703 of title 5, United

23 States Code.

24 (j) FINAL REPORT.—Not later than 1 year after the

25 date of the appointment of the last member to the Com-
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1 mission under subsection (c), the Commission shall submit

2 to Congress and the Administrator a final report on the

3 findings of the Commission with corresponding rec4 ommendations. Included with this report shall be the inde5 pendent audit required under subsection (j).

6 (k) AUTHORIZATION OF APPROPRIATIONS.—There is

7 hereby authorized to be appropriated $2,400,000 for ac8 tivities of the Commission to remain available until ex9 pended.

10 TITLE II—ANTITERRORISM

11 SEC. 201. ADDITION OF TERRORIST OFFENSES AS RICO

12 PREDICATES.

13 (a) TITLE 18 OFFENSES.—Section 1961(1)(B) of

14 title 18 of the United States Code is amended by—

15 (1) inserting ‘‘32 (relating to the destruction of

16 aircraft), section 37 (relating to violence at inter17 national airports), section 115 (relating to influenc18 ing, impeding, or retaliating against a Federal offi19 cial by threatening or injuring a family member),

20 section’’ after ‘‘Section’’;

21 (2) inserting ‘‘section 351 (relating to Congres22 sional or Cabinet officer assassination,’’ after ‘‘sec23 tion 224 (relating to sports bribery),’’;

24 (3) inserting ‘‘section 831 (relating to prohib25 ited transactions involving nuclear materials), sec-
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1 tion 844(f) or (i) (relating to destruction by explo2 sives or fire of government property or property af3 fecting interstate or foreign commerce),’’ after ‘‘sec4 tion 664 (relating to embezzlement from pension and

5 welfare funds),’’;

6 (4) inserting ‘‘section 930(c) (relating to violent

7 attacks against Federal buildings), section 956 (re8 lating to conspiracy to kill, kidnap, maim, or injure

9 certain property in a foreign country),’’ after ‘‘sec10 tions 891–894 (relating to extortionate credit trans11 actions),’’;

12 (5) inserting ‘‘section 1111 (relating to mur13 der), section 1114 (relating to murder of United

14 States law enforcement officials), section 1116 (re15 lating to murder of foreign officials, official guests,

16 or internationally protected persons), section 1203

17 (relating to hostage taking),’’ after ‘‘section 1084

18 (relating to the transmission of gambling informa19 tion),’’;

20 (6) inserting ‘‘section 1361 (relating to willful

21 injury of government property), section 1363 (relat22 ing to destruction of property within the special

23 maritime and territorial jurisdiction),’’ after ‘‘section

24 1344 (relating to financial institution fraud),’’;
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1 (7) inserting ‘‘section 1751 (relating to Presi2 dential assassination),’’ after ‘‘sections 1581–1588

3 (relating to peonage and slavery),’’;

4 (8) inserting ‘‘section 1992 (relating to train

5 wrecking), section 2280 (relating to violence against

6 maritime navigation), section 2281 (relating to vio7 lence against maritime fixed platforms),’’ after ‘‘sec8 tion 1958 (relating to use of interstate commerce fa9 cilities in the commission of murder-for-hire),’’; and

10 (9) inserting ‘‘section 2332 (relating to terrorist

11 acts abroad against United States nationals), section

12 2332a (relating to use of weapons of mass destruc13 tion), section 2332b (relating to acts of terrorism

14 transcending national boundaries), section 2332c

15 (relating to use of chemical weapon), section 2339A

16 (relating to providing material support to terror17 ists),’’ after ‘‘2321 (relating to trafficking in certain

18 motor vehicles or motor vehicle parts),’’.

19 (b) NON-TITLE 18 OFFENSE.—Section 1961(1) of

20 title 18 of the United States Code is amended—

21 (1) by striking ‘‘or’’ before ‘‘(E)’’;

22 (2) by striking ‘‘or’’ before ‘‘(F); and

23 (3) by inserting at the end the following: ‘‘or

24 (G) section 46502 of title 49, United States Code;’’.
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1 (c) LIMITATION TO CIVIL RICO.—The amendments

2 made by this section shall not apply with respect to section

3 1964(c) of title 18, United States Code.

4 SEC. 202. ENHANCED PRIVACY ACT AND WIRETAP PEN5 ALTIES.

6 (a) ENHANCEMENT OF PRIVACY ACT CRIMINAL PEN7 ALTIES.—Paragraphs (1) and (3) of section 552a(i) of

8 title 5, United States Code, are each amended by striking

9 ‘‘shall be guilty of a misdemeanor’’ and all that follows

10 through the end of the paragraph and inserting ‘‘shall be

11 fined under title 18, imprisoned not more than 5 years,

12 or both.’’.

13 (b) ENHANCEMENT OF PRIVACY ACT CIVIL DAM14 AGES.—Section 552a(g)(4)(A) of title 5, United States

15 Code, is amended by striking ‘‘$1,000’’ and inserting

16 ‘‘$5,000’’.

17 (c) ENHANCEMENT OF WIRETAP DISCLOSURE

18 CRIMINAL PENALTY.—Section 2511 of title 18, United

19 States Code, is amended—

20 (1) in subsection (4)(a), by striking ‘‘paragraph

21 (b)’’ and all that follows through ‘‘(5)’’ and inserting

22 ‘‘this section’’; and

23 (2) by adding after paragraph (c) the following:
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1 ‘‘(d) If the offense is an offense under paragraph (c)

2 or (e) of subsection (1), the offender shall be fined under

3 this title or imprisoned not more than 10 years, or both.’’.

4 SEC. 203. COMBATING INTERNATIONAL STATE TERRORISM.

5 (a) SANCTIONS AGAINST SPONSORS OF INTER6 NATIONAL TERRORISM.—The Congress urges the Presi7 dent to commence immediately diplomatic efforts, both in

8 appropriate international fora including the United Na9 tions, and bilaterally with allies of the United States, to

10 establish a multilateral sanctions regime against each of

11 those nations certified under section 6(j) of the Export

12 Administration Act of 1979 as having repeatedly provided

13 support for acts of international terrorism. The President

14 shall report to Congress, not later than 30 days after the

15 date of the enactment of this Act, and annually thereafter,

16 on the extent to which these diplomatic efforts have been

17 successful.

18 (b) ACTION PLANS FOR DESIGNATED TERRORIST

19 NATIONS.—The President shall provide to the Congress

20 within 30 days after the date of the enactment of this Act

21 an Action Plan for inducing each of those nations certified

22 under section 6(j) of the Export Administration Act of

23 1979 as having repeatedly provided support for acts of

24 international terrorism to cease their support for acts of

25 international terrorism.
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1 (c) REPORT ON UNITED STATES COUNTERTERROR

2 AND ANTITERROR INTELLIGENCE CAPABILITIES.—Not

3 later than 60 days after the date of the enactment of this

4 Act, the President shall provide to the Permanent Select

5 Committees on Intelligence of the Senate and the House

6 of Representatives a report on the capability of the United

7 States intelligence community to detect, assess, and elimi8 nate international terrorist activities, including an assess9 ment of intelligence collection policies and practices which

10 affect the counterterrorism and antiterrorism activities of

11 the United States intelligence community and of the re12 sources provided the intelligence community for such ac13 tivities, together with a plan to ensure enhanced human

14 intelligence capabilities. To the extent feasible, such report

15 shall be unclassified and made available to the public.

16 Such report shall be supplemented as necessary by a clas17 sified report or annex, which shall be transmitted and

18 maintained under appropriate security procedures.

19 SEC. 204. IMPLEMENTATION OF THE ANTITERRORISM AND

20 EFFECTIVE DEATH PENALTY ACT OF 1996.

21 The Secretary of State is hereby directed, before Oc22 tober 1, 1996, to designate foreign terrorist organizations

23 pursuant to the amendment made by section 302 (relating

24 to international terrorism prohibitions) of the

25 Antiterrorism and Effective Death Penalty Act of 1996,
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1 and, if possible, justified by the evidence, and consistent

2 with the needs of law enforcement and intelligence, the

3 Secretary of the Treasury shall freeze assets and the At4 torney General shall initiate the removal of known alien

5 terrorists and criminals.

6 SEC. 205. TAGGANTS IN BLACK AND SMOKELESS POWDER.

7 (a) AMENDMENT TO 1996 ACT TO INCLUDE BLACK

8 AND SMOKELESS POWDER.—Notwithstanding the provi9 sions to the contrary of section 732 of the Antiterrorism

10 and Effective Death Penalty Act of 1996, (concerning the

11 exclusion of black and smokeless powder from the study

12 described thereunder), the Director of the National Insti13 tute of Justice shall contract for an independent study of

14 the feasibility, safety, and law enforcement effectiveness

15 of including taggants in black and smokeless powder. The

16 contract shall require the completion of the study within

17 one year after the date of the enactment of this Act. The

18 entity that conducts the study shall be outside the execu19 tive branch of the Government and possess the requisite

20 expertise in explosives technology. The study shall, in ad21 dition, draw upon expertise and science from consultants

22 in the areas of mining and other industries that rely upon

23 such explosives.

24 (b) REPORT TO CONGRESS.—Not later than 30 days

25 after the completion of the study conducted under sub-
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1 section (a), the Director shall submit the study to the Con2 gress. If the results of the study conducted under sub3 section (a) indicate that the taggants—

4 (1) will not pose a risk to human life or safety;

5 (2) will substantially assist law enforcement of6 ficers in their investigative efforts;

7 (3) will not substantially impair the quality of

8 the explosive materials for their intended lawful use;

9 (4) will not have a substantially adverse effect

10 on the environment; and

11 (5) the costs associated with the addition of the

12 taggants will not outweigh the benefits of their in13 clusion;

14 then the Director may submit to Congress recommenda15 tions for legislation for the addition of taggants to black

16 and smokeless powder manufactured in or imported into

17 the United States, of such character and in such quantity

18 as the proposed legislation may authorize or require.

19 SEC. 206. NATIONAL COMMISSION ON TERRORISM.

20 (a) ESTABLISHMENT.—There is established a com21 mission to be known as the National Commission on Ter22 rorism (in this title referred to as the ‘‘Commission’’).

23 (b) MEMBERSHIP.—

24 (1) NUMBER AND APPOINTMENT.—
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1 (A) GENERALLY.—The Commission shall

2 be composed of 9 members, appointed from per3 sons specially qualified by training and experi4 ence to perform the duties of the Commission,

5 as follows:

6 (i) 2 appointed by the Speaker of the

7 House of Representatives, and 1 appointed

8 by the minority leader of the House of

9 Representatives;

10 (ii) 2 appointed by the majority leader

11 of the Senate, and 1 appointed by the mi12 nority leader of the Senate; and

13 (iii) three appointed by the President

14 of the United States.

15 (B) TIMING OF APPOINTMENTS.—the ap16 pointing authorities shall make their appoint17 ments to the Commission not later than 45

18 days after the date of enactment of this Title.

19 (C) DESIGNATION OF THE CHAIRMAN.—

20 The President of the United States shall des21 ignate a chairman from the members of the

22 Commission. The Speaker of the House of Rep23 resentatives and the majority leader of the Sen24 ate shall jointly designate a vice chairman from

25 the members of the Commission.
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1 (D) PERIOD OF APPOINTMENT; VACAN2 CIES.—Members shall be appointed for the life

3 of the Commission. Any vacancy in Commission

4 membership shall not affect the exercise of the

5 Commission’s powers, and shall be filled in the

6 same manner as the original appointment.

7 (c) MEETINGS.—

8 (1) IN GENERAL.—In Not later than 60 days

9 after the date on which all members of the Commis10 sion have been appointed, the Commission shall hold

11 its first meeting. Subsequent meetings shall be held

12 at the call of the Chairman.

13 (2) QUORUM.—A majority of the members of

14 the Commission shall constitute a quorum, but a

15 lesser number of members may hold hearings.

16 (d) SECURITY CLEARANCES.—Appropriate security

17 clearances shall be required for members of the Commis18 sion who are private United States citizens. Such clear19 ances shall be processed and completed on an expedited

20 basis by appropriate elements of the executive branch of

21 Government and shall, in any case, be completed within

22 90 days of the date such members are appointed.

23 (e) APPLICATION OF CERTAIN PROVISIONS OF

24 LAW.—In light of the extraordinary and sensitive nature

25 of its deliberations, the provisions of the Federal Advisory
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1 Committee Act (5 U.S.C. App.), and the regulations pre2 scribed by the Administrator of General Services pursuant

3 to that Act, shall not apply to the Commission. Further,

4 the provisions of section 552 of title 5, United States Code

5 (commonly known as the ‘‘Freedom of Information Act’’),

6 shall not apply to the Commission; however, records of the

7 Commission shall be subject to the Federal Records Act

8 and, when transferred to the National Archives and

9 Records Agency, shall no longer be exempt from the provi10 sions of such section 552.

11 (f) DUTIES OF THE COMMISSION.

12 (1) IN GENERAL.—It shall be the duty of the

13 Commission—

14 (A) to prepare and transmit the reports

15 described in paragraph (2);

16 (B) to examine the long-term strategy of

17 the United States in addressing the threat of

18 international terrorism, including intelligence

19 capabilities, international cooperation, military

20 responses, and technological capabilities;

21 (C) to examine the efficacy and appro22 priateness of Federal efforts to prevent, detect,

23 investigate, and prosecute acts of terrorism, in24 cluding—
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1 (i) the coordination of

2 counterterrorism efforts among Federal de3 partments and agencies, and Federal co4 ordination of law enforcement with State

5 and local law enforcement in responding to

6 terrorist threats and acts;

7 (ii) the ability and utilization of coun8 terintelligence efforts to infiltrate and dis9 able or disrupt international terrorist orga10 nizations and their activities;

11 (iii) the impact of Federal immigra12 tion laws and policies on acts of terrorism

13 transcending national boundaries;

14 (iv) the effectiveness of present regu15 lations and practices relating to civil avia16 tion safety and security to prevent acts of

17 terrorism, to include a study of the desir18 ability of assigning, on a permanent basis,

19 personnel of the Federal Bureau of Inves20 tigation at high-risk airports, and a study

21 of the practicality and desirability of trans22 ferring authority for U.S. airport and secu23 rity to an entity other than the Federal

24 Aviation Administration;
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1 (v) the extent and effectiveness of

2 present cooperatives efforts with foreign

3 nations to prevent, detect, investigate and

4 prosecute acts of terrorism; and

5 (vi) the impact on present

6 counterterrorism efforts due to the failure

7 to expend and utilize resources and author8 ity previously provided by Congress for the

9 implementation and enhanced

10 counterterrorism activities and the reasons

11 why these resources have not been ex12 pended in a timely way;

13 (D) to examine the capability of the United

14 States intelligence community to detect, assess,

15 infiltrate, disrupt, and eliminate international

16 terrorist organizations and activities, including

17 an assessment of intelligence collection policies

18 and practices which affect the counterterrorism

19 and antiterrorism activities of the United States

20 intelligence community and of the resources

21 provided the intelligence community for such

22 activities, together with a plan to ensure en23 hanced human intelligence capabilities; and

24 (E) to examine all present laws relating to

25 the collection and dissemination of personal in-
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1 formation on individuals by law enforcement or

2 other governmental entities, and the necessity

3 for additional protections to prevent and deter

4 the inappropriate collection and dissemination

5 of such information.

6 (2) REPORTS.—

7 (A) INITIAL REPORT.—Not later than 2

8 months after the first meeting of the Commis9 sion, the Commission shall transmit to the

10 Committees on the Judiciary of the Senate and

11 the House of Representatives a report setting

12 forth its plan for the work of the Commission.

13 (B) INTERIM REPORTS.—Prior to the sub14 mission of the report required by subparagraph

15 (C), the Commission may issue such interim re16 ports as it finds necessary and desirable.

17 (C) FINAL REPORT.—No later than 6

18 months after the first meeting of the Commis19 sion, the Commission shall submit to the Presi20 dent and to the Committees on the Judiciary of

21 the Senate and the House of Representatives a

22 report setting forth the activities, findings, and

23 recommendations of the Commission, including

24 any recommendations for the enactment of leg25 islation that the Commission considers advis-
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1 able. To the extent feasible, such report shall be

2 unclassified and made available to the public.

3 Such report shall be supplemented as necessary

4 by a classified report or annex, which shall be

5 provided separately to the President and the

6 Committees on the Judiciary of the Senate and

7 the House of Representatives.

8 (g) POWERS.—

9 (1) HEARINGS.—The Commission or, at its di10 rection, any panel or member of the Commission,

11 may, for the purpose of carrying out the provisions

12 of this title, hold hearings, sit and act at times and

13 places, take testimony, receive evidence, and admin14 ister oaths to the extent that the Commission or any

15 panel or member considers advisable.

16 (2) INFORMATION FROM FEDERAL AGENCIES.—

17 The Commission may secure directly from any intel18 ligence agency or from any other Federal depart19 ment or agency any information that the Commis20 sion considers necessary to enable the Commission

21 to carry out its responsibilities under this section.

22 Upon request of the Chairman of the Commission,

23 the head of any such department or agency shall

24 furnish such information expeditiously to the Com25 mission, unless the head of the department or agen-
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•HR 3953 IH

1 cy determines that doing so would threaten national

2 security, the health or safety of any individual, or

3 the integrity of an ongoing investigation or prosecu4 tion.

5 (3) POSTAL, PRINTING AND BINDING SERV6 ICES.—The Commission may use the United States

7 mails and obtain printing and binding services in the

8 same manner and under the same conditions as

9 other departments and agencies of the Federal Gov10 ernment.

11 (4) SUBCOMMITTEES.—The Commission may

12 establish panels composed of less than the full mem13 bership of the Commission for the purpose of carry14 ing out the Commission’s duties. The actions of each

15 such panel shall be subject to the review and control

16 of the Commission. Any findings and determinations

17 made by such a panel shall not be considered the

18 findings and determinations of the Commission un19 less approved by the Commission.

20 (5) AUTHORITY OF INDIVIDUALS TO ACT FOR

21 COMMISSION.—Any member or agent of the Com22 mission may, if authorized by the Commission, take

23 any action which the Commission is authorized to

24 take under this title.

25 (h) PERSONNEL MATTERS.
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1 (1) COMPENSATION OF MEMBERS.—Each mem2 ber of the Commission who is a private United

3 States citizen shall be paid, if requested, at a rate

4 equal to the daily equivalent of the annual rate of

5 basic pay payable for level V of the Executive Sched6 ule under section 5316 of title 5, United States

7 Code, for each day (including travel time) during

8 which the member is engaged in the performance of

9 the duties of the Commission. All members of the

10 Commission who are Members of Congress shall

11 serve without compensation in addition to that re12 ceived for their services as Members of Congress.

13 (2) TRAVEL EXPENSES.—Each member of the

14 Commission shall be allowed travel expenses, includ15 ing per diem in lieu of subsistence, at rates author16 ized for employees of agencies under subchapter I of

17 chapter 57 of title 5, United States Code, while

18 away from their homes or regular places of business

19 in the performance of services for the Commission.

20 (3) STAFF.—

21 (A) IN GENERAL.—The chairman of the

22 Commission may, without regard to the provi23 sions of title 5, United States Code, governing

24 appointments in the competitive service, appoint

25 a staff director and such additional personnel
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•HR 3953 IH

1 as may be necessary to enable the Commission

2 to perform its duties. The staff director of the

3 Commission shall be appointed from private

4 life, and such appointment shall be subject to

5 the approval of the Commission as a whole.

6 (B) COMPENSATION.—The chairman of

7 the Commission may fix the pay of the staff di8 rector and other personnel without regard to

9 the provisions of chapter 51 and subchapter III

10 of chapter 53 of title 5, United States Code, re11 lating to classification or positions and General

12 Schedule pay rates, except that the rate of pay

13 fixed under this paragraph for the staff director

14 may not exceed the rate payable for level V of

15 the Executive Schedule under section 5316 of

16 such title and the rate of pay for other person17 nel may not exceed the maximum rate payable

18 for grade GS–15 of the General Schedule.

19 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

20 Upon request of the chairman of the Commission,

21 the head of any Federal department or agency may

22 detail, on a nonreimbursable basis, any personnel of

23 that department or agency to the Commission to as24 sist it in carrying out its administrative and clerical

25 functions.
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1 (5) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—The chairman of the Commis3 sion may procure temporary and intermittent serv4 ices under section 3109(b) of title 5, United States

5 Code, at rates for individuals which do not exceed

6 the daily equivalent to the annual rate of basic pay

7 payable for level V of the Executive Schedule under

8 section 5316 of such title.

9 (i) PAYMENT OF COMMISSION EXPENSES.—The com10 pensation, travel expenses, per diem allowances of mem11 bers and employees of the Commission, and other expenses

12 of the Commission shall be paid out of funds available to

13 the Attorney General for the payment of compensation,

14 travel allowances, and per diem allowances, respectively,

15 of employees of the Department of Justice.

16 (j) TERMINATION OF THE COMMISSION.—The Com17 mission shall terminate 1 month after the date of the sub18 mission of the report required by subsection (f)(2)(C).

Æ