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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3953 Received in Senate (RDS)]

  2d Session
                                H.R. 3953

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 2, 1996

                          Read the first time

_______________________________________________________________________

                                 AN ACT

 
                          To combat terrorism.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Aviation Security 
and Antiterrorism Act of 1996''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
                       TITLE I--AVIATION SECURITY

Sec. 101. Interim deployment of commercially available explosive 
                            detection equipment.
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.

                       TITLE I--AVIATION SECURITY

SEC. 101. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE EXPLOSIVE 
              DETECTION EQUIPMENT.

    Section 44913(a) of title 49, United States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) Until such time as the Administrator determines that 
        equipment certified under paragraph (1) of this subsection is 
        commercially available and has successfully completed 
        operational testing as provided in 49 United States Code 
        44913(a)(1), the Administrator shall facilitate the deployment 
        of commercially available explosive detection devices that the 
        Administrator approves and determines will enhance aviation 
        security significantly. The Administrator shall require that 
        equipment deployed under this paragraph be replaced by 
        equipment certified under paragraph (1) when equipment 
        certified under paragraph (1) becomes commercially 
        available.''.

SEC. 102. AUTHORITY FOR CRIMINAL HISTORY RECORDS CHECKS.

    Section 44936(a)(1) of title 49, United States Code. is amended--
            (1) by striking ``(1)'' and inserting ``(1)(A)'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively; and
            (3) by adding at the end the following:
            ``(B) The Administrator shall require by regulation that an 
        employment investigation (including a criminal history record 
        check in cases in which the employment investigation reveals a 
        gap in employment of 12 months or more that the individual does 
        not satisfactorily account for) be conducted for individuals 
        who will be responsible for screening passengers or property 
        under this chapter and their supervisors.''.

SEC. 103. AUDIT OF PERFORMANCE OF BACKGROUND CHECKS FOR CERTAIN 
              PERSONNEL.

    Section 44936(a) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) The Administrator shall provide for the periodic 
        audit of criminal history record checks conducted under 
        paragraph (1) of this subsection.''.

SEC. 104. PERFORMANCE STANDARDS FOR AIRPORT SECURITY PERSONNEL.

    Section 44935(a) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4); and
            (2) by adding at the end the following:
            ``(6) performance standards for airport and airline 
        security personnel, including counter personnel; and
            ``(7) guidelines for encouraging the retention of security 
        personnel responsible for passengers and cargo.''

SEC. 105. PASSENGER PROFILING.

    The Federal Aviation Administration, the Secretary of 
Transportation, the intelligence community, and the law enforcement 
community should continue to assist air carriers in developing 
computer-assisted passenger profiling programs.

SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY PROGRAMS 
              AND ACTIVITIES.

    (a) Authority To Use Funds.--Notwithstanding any other provision of 
law, funds referred to in subsection (b) may be used to expand and 
enhance air transportation security programs and other activities at 
airports (including the improvement of facilities and the purchase and 
deployment of equipment) to ensure the safety and security of 
passengers and other persons involved in air travel.
    (b) Covered Funds.--The following funds may be used under 
subsection (a):
            (1) Project grants made under subchapter 1 of chapter 471 
        of title 49, United States Code.
            (2) Passenger facility fees collected under section 40117 
        of title 49, United States Code.

SEC. 107. ASSESSMENT OF CARGO.

    (a) In General.-- The Administrator of the Federal Aviation 
Administration shall, in consultation with the appropriate Federal 
agencies, review--
            (1) the oversight by the Federal Aviation Administration of 
        inspections of shipments of mail and cargo by domestic and 
        foreign air carriers; and
            (2) the need for additional security measures with respect 
        to such inspections; and
            (3) the adequacy of inspection and screening of cargo on 
        passenger air carriers.
    (b) Legislative Proposals.--The President shall submit relevant 
legislative proposals to Congress, as may be required.

SEC. 108. ASSIGNMENT OF FBI AGENTS TO HIGH-RISK AIRPORTS.

    Section 44904 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Responsibility of FBI Agents to Areas of High-Risk 
Airports.--The Director of the Federal Bureau of Investigation shall 
assure that agents of the Federal Bureau of Investigation who are 
assigned to an area where there are airports that are determined to be 
high-risk airports shall, jointly with the Federal Aviation 
Administration, carry out periodic threat and vulnerability assessments 
of security every 3 years, or more frequently, as necessary, at such 
airports.''.

SEC. 109. SUPPLEMENTAL SCREENING.

    Section 44903(c) of title 49, United States Code, is amended by 
adding at the end of the following new paragraph:
            ``(3) Use of dogs in screening.--
                    ``(A) In general.--The law enforcement presence and 
                capability required under paragraph (1) shall include a 
                requirement that the operator of each major airport use 
                dogs or other appropriate animals to supplement 
                existing equipment used for screening passengers and 
                cargo for plastic explosives and other devices or 
                materials which may be used in aircraft piracy. If the 
                Administrator determines that the requirements of the 
                preceding sentence will not significantly enhance the 
                safety and security of passengers and other persons 
                involved in air travel, the Administrator may modify 
                such requirements as appropriate. At the discretion of 
                the Administrator, the use of dogs at an airport may be 
                deemed as compliance with section 44913(a)(3) of this 
                title.
                    ``(B) Major airport defined.--In this paragraph, 
                the term `major airport' means an airport that is one 
                of the largest 50 airports in the United States, as 
                determined by the number of passenger enplanements in 
                calendar year 1995.''.

SEC. 110. SUPPLEMENTAL EXPLOSIVE DETECTION.

    Section 44913(b) of title 49, United States Code, is amended to 
read as follows:
    ``(b) Supplemental Explosive Detection.--
            ``(1) Grants.--The Secretary shall make grants for expenses 
        of training and evaluation of dogs for the explosive detection 
        K-9 team training program for the purpose of detecting 
        explosives at airports and aboard aircraft. Not later than 180 
        days after the date of the enactment of the Aviation Security 
        Improvement Act of 1996, the Secretary shall extend such 
        program to the largest 50 airports in the United States, as 
        determined by the number of passenger enplanements in calendar 
        year 1995.
            ``(2) Funding.--There is authorized to be appropriated from 
        the Trust Fund for carrying out paragraph (1) such sums as may 
        be necessary for fiscal years beginning after September 30, 
        1996. Such funds shall remain available until expended.''.

SEC. 111. ENHANCED SECURITY FOR SMALL AIRPLANES

    Not later than 60 days after the date of the enactment of this Act, 
the Administrator shall initiate a rulemaking to revise section 108.5 
and 108.7 of 14 C.F.R. with respect to airplanes having a passenger 
seating configuration of less than 61 to enhance the safety and 
security of air travel in such airplanes.

SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Civil Aviation Security Review Commission (hereinafter in this 
section referred to as the ``Commission'').
    (b) Functions.--The Commission shall conduct a comprehensive review 
of aviation security. Matters to be studied by the Commission shall 
include the following:
            (1) A review of the advisability of transferring 
        responsibilities of air carriers under Federal law for security 
        activities conducted on-site at airports to airport operators 
        or to appropriate entities independent of air carriers.
            (2) A review of whether baggage match requirements should 
        be imposed on air carriers providing interstate air 
        transportation and how baggage match can be accomplished to 
        enhance the safety and security of domestic air travel.
            (3) A review of the cost and advisability of requiring 
        hardened cargo containers as a way to enhance aviation security 
        and reduce the required sensitivity of bomb detection 
        equipment.
    (c) Membership.--The Commission shall be composed of 13 members, 
appointed from persons knowledgeable about civil aviation in the United 
States and who are specifically qualified by training and experience to 
perform the duties of the Commission, as follows:
            (1) 3 members appointed by the Secretary of Transportation, 
        in consultation with the Secretary of the Treasury.
            (2) 10 members appointed by Congress as follows:
                    (A) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives.
                    (B) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on 
                Appropriations of the House of Representatives.
                    (C) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on Commerce, 
                Science, and Transportation of the Senate.
                    (D) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on 
                Appropriations of the Senate.
                    (E) 1 member appointed by each of the chairman and 
                ranking minority member of the Committee on Ways and 
                Means of the House of Representatives.
    (d) Restriction on Appointment of Current Aviation Employees.--A 
member appointed under subsection (c)(1) may not be an employee of an 
airline, airport, aviation union, or aviation trade association at the 
time of appointment or while serving on the Commission.
    (e) Timing of Appointments.--The appointing authorities shall make 
their appointments to the Commission not later than 30 days after the 
date of the enactment of this Act.
    (f) Chairman.--In consultation with the Secretary of 
Transportation, the Speaker of the House of Representatives and the 
Majority Leader of the Senate shall designate a chairman and vice 
chairman from among the members of the Commission not later than 30 
days after appointment of the last member to the Commission.
    (g) Period of Appointment and Vacancies.--Members shall be 
appointed for the life of the Commission, and any vacancy on the 
Commission shall not affect its powers but shall be filled in the same 
manner, and by the same appointing authority, as the original 
appointment.
    (h) Quorum.--A majority of the members of the Commission shall 
constitute a quorum to conduct business, but the Commission may 
establish a lesser number for conducting hearings scheduled by the 
Commission.
    (i) Powers of the Commission.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties.
            (2) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information or documents as the Commission considers necessary 
        to carry out its duties, unless the head of such department or 
        agency advises the chairman of the Commission, in writing, that 
        such information is confidential and that its release to the 
        Commission would jeopardize aviation safety, the national 
        security, or pending criminal investigations.
            (3) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (4) Travel and per diem.--Members and staff of the 
        Commission shall be paid travel expenses, including per diem in 
        lieu of subsistence, when away from his or her usual place of 
        residence, in accordance with section 5703 of title 5, United 
        States Code.
    (j) Final Report.--Not later than 1 year after the date of the 
appointment of the last member to the Commission under subsection (c), 
the Commission shall submit to Congress and the Administrator a final 
report on the findings of the Commission with corresponding 
recommendations. Included with this report shall be the independent 
audit required under subsection (j).
    (k) Authorization of Appropriations.--There is hereby authorized to 
be appropriated $2,400,000 for activities of the Commission to remain 
available until expended.

                        TITLE II--ANTITERRORISM

SEC. 201. ADDITION OF TERRORIST OFFENSES AS RICO PREDICATES.

    (a) Title 18 Offenses.--Section 1961(1)(B) of title 18 of the 
United States Code is amended by--
            (1) inserting ``32 (relating to the destruction of 
        aircraft), section 37 (relating to violence at international 
        airports), section 115 (relating to influencing, impeding, or 
        retaliating against a Federal official by threatening or 
        injuring a family member), section'' after ``Section'';
            (2) inserting ``section 351 (relating to Congressional or 
        Cabinet officer assassination,'' after ``section 224 (relating 
        to sports bribery),'';
            (3) inserting ``section 831 (relating to prohibited 
        transactions involving nuclear materials), section 844(f) or 
        (i) (relating to destruction by explosives or fire of 
        government property or property affecting interstate or foreign 
        commerce),'' after ``section 664 (relating to embezzlement from 
        pension and welfare funds),'';
            (4) inserting ``section 930(c) (relating to violent attacks 
        against Federal buildings), section 956 (relating to conspiracy 
        to kill, kidnap, maim, or injure certain property in a foreign 
        country),'' after ``sections 891-894 (relating to extortionate 
        credit transactions),'';
            (5) inserting ``section 1111 (relating to murder), section 
        1114 (relating to murder of United States law enforcement 
        officials), section 1116 (relating to murder of foreign 
        officials, official guests, or internationally protected 
        persons), section 1203 (relating to hostage taking),'' after 
        ``section 1084 (relating to the transmission of gambling 
        information),'';
            (6) inserting ``section 1361 (relating to willful injury of 
        government property), section 1363 (relating to destruction of 
        property within the special maritime and territorial 
        jurisdiction),'' after ``section 1344 (relating to financial 
        institution fraud),'';
            (7) inserting ``section 1751 (relating to Presidential 
        assassination),'' after ``sections 1581-1588 (relating to 
        peonage and slavery),'';
            (8) inserting ``section 1992 (relating to train wrecking), 
        section 2280 (relating to violence against maritime 
        navigation), section 2281 (relating to violence against 
        maritime fixed platforms),'' after ``section 1958 (relating to 
        use of interstate commerce facilities in the commission of 
        murder-for-hire),''; and
            (9) inserting ``section 2332 (relating to terrorist acts 
        abroad against United States nationals), section 2332a 
        (relating to use of weapons of mass destruction), section 2332b 
        (relating to acts of terrorism transcending national 
        boundaries), section 2332c (relating to use of chemical 
        weapon), section 2339A (relating to providing material support 
        to terrorists),'' after ``2321 (relating to trafficking in 
        certain motor vehicles or motor vehicle parts),''.
    (b) Non-Title 18 Offense.--Section 1961(1) of title 18 of the 
United States Code is amended--
            (1) by striking ``or'' before ``(E)'';
            (2) by striking ``or'' before ``(F); and
            (3) by inserting at the end the following: ``or (G) section 
        46502 of title 49, United States Code;''.
    (c) Limitation to Civil RICO.--The amendments made by this section 
shall not apply with respect to section 1964(c) of title 18, United 
States Code.

SEC. 202. ENHANCED PRIVACY ACT AND WIRETAP PENALTIES.

    (a) Enhancement of Privacy Act Criminal Penalties.--Paragraphs (1) 
and (3) of section 552a(i) of title 5, United States Code, are each 
amended by striking ``shall be guilty of a misdemeanor'' and all that 
follows through the end of the paragraph and inserting ``shall be fined 
under title 18, imprisoned not more than 5 years, or both.''.
    (b) Enhancement of Privacy Act Civil Damages.--Section 
552a(g)(4)(A) of title 5, United States Code, is amended by striking 
``$1,000'' and inserting ``$5,000''.
    (c) Enhancement of Wiretap Disclosure Criminal Penalty.--Section 
2511 of title 18, United States Code, is amended--
            (1) in subsection (4)(a), by striking ``paragraph (b)'' and 
        all that follows through ``(5)'' and inserting ``this 
        section''; and
            (2) by adding after paragraph (c) the following:
    ``(d) If the offense is an offense under paragraph (c) or (e) of 
subsection (1), the offender shall be fined under this title or 
imprisoned not more than 10 years, or both.''.

SEC. 203. COMBATTING INTERNATIONAL STATE TERRORISM.

    (a) Sanctions Against Sponsors of International Terrorism.--The 
Congress urges the President to commence immediately diplomatic 
efforts, both in appropriate international fora including the United 
Nations, and bilaterally with allies of the United States, to establish 
a multilateral sanctions regime against each of those nations certified 
under section 6(j) of the Export Administration Act of 1979 as having 
repeatedly provided support for acts of international terrorism. The 
President shall report to Congress, not later than 30 days after the 
date of the enactment of this Act, and annually thereafter, on the 
extent to which these diplomatic efforts have been successful.
    (b) Action Plans for Designated Terrorist Nations.--The President 
shall provide to the Congress within 30 days after the date of the 
enactment of this Act an Action Plan for inducing each of those nations 
certified under section 6(j) of the Export Administration Act of 1979 
as having repeatedly provided support for acts of international 
terrorism to cease their support for acts of international terrorism.
    (c) Report on United States Counterterror and Antiterror 
Intelligence Capabilities.--Not later than 60 days after the date of 
the enactment of this Act, the President shall provide to the Permanent 
Select Committees on Intelligence of the Senate and the House of 
Representatives a report on the capability of the United States 
intelligence community to detect, assess, and eliminate international 
terrorist activities, including an assessment of intelligence 
collection policies and practices which affect the counterterrorism and 
antiterrorism activities of the United States intelligence community 
and of the resources provided the intelligence community for such 
activities, together with a plan to ensure enhanced human intelligence 
capabilities. To the extent feasible, such report shall be unclassified 
and made available to the public. Such report shall be supplemented as 
necessary by a classified report or annex, which shall be transmitted 
and maintained under appropriate security procedures.

SEC. 204. IMPLEMENTATION OF THE ANTITERRORISM AND EFFECTIVE DEATH 
              PENALTY ACT OF 1996.

    The Secretary of State is hereby directed, before October 1, 1996, 
to designate foreign terrorist organizations pursuant to the amendment 
made by section 302 (relating to international terrorism prohibitions) 
of the Antiterrorism and Effective Death Penalty Act of 1996, and, if 
possible, justified by the evidence, and consistent with the needs of 
law enforcement and intelligence, the Secretary of the Treasury shall 
freeze assets and the Attorney General shall initiate the removal of 
known alien terrorists and criminals.

SEC. 205. TAGGANTS IN BLACK AND SMOKELESS POWDER.

    (a) Amendment to 1996 Act To Include Black and Smokeless Powder.--
Notwithstanding the provisions to the contrary of section 732 of the 
Antiterrorism and Effective Death Penalty Act of 1996, (concerning the 
exclusion of black and smokeless powder from the study described 
thereunder), the Director of the National Institute of Justice shall 
contract for an independent study of the feasibility, safety, and law 
enforcement effectiveness of including taggants in black and smokeless 
powder. The contract shall require the completion of the study within 
one year after the date of the enactment of this Act. The entity that 
conducts the study shall be outside the executive branch of the 
Government and possess the requisite expertise in explosives 
technology. The study shall, in addition, draw upon expertise and 
science from consultants in the areas of mining and other industries 
that rely upon such explosives.
    (b) Report to Congress.--Not later than 30 days after the 
completion of the study conducted under subsection (a), the Director 
shall submit the study to the Congress. If the results of the study 
conducted under subsection (a) indicate that the taggants--
            (1) will not pose a risk to human life or safety;
            (2) will substantially assist law enforcement officers in 
        their investigative efforts;
            (3) will not substantially impair the quality of the 
        explosive materials for their intended lawful use;
            (4) will not have a substantially adverse effect on the 
        environment; and
            (5) the costs associated with the addition of the taggants 
        will not outweigh the benefits of their inclusion;
then the Director may submit to Congress recommendations for 
legislation for the addition of taggants to black and smokeless powder 
manufactured in or imported into the United States, of such character 
and in such quantity as the proposed legislation may authorize or 
require.

SEC. 206. NATIONAL COMMISSION ON TERRORISM.

    (a) Establishment.--There is established a commission to be known 
as the National Commission on Terrorism (in this title referred to as 
the ``Commission'').
    (b) Membership.--
            (1) Number and appointment.--
                    (A) Generally.--The Commission shall be composed of 
                9 members, appointed from persons specially qualified 
                by training and experience to perform the duties of the 
                Commission, as follows:
                            (i) 2 appointed by the Speaker of the House 
                        of Representatives, and 1 appointed by the 
                        Minority Leader of the House of 
                        Representatives;
                            (ii) 2 appointed by the Majority Leader of 
                        the Senate, and 1 appointed by the Minority 
                        Leader of the Senate; and
                            (iii) 3 appointed by the President of the 
                        United States.
                    (B) Timing of appointments.--The appointing 
                authorities shall make their appointments to the 
                Commission not later than 45 days after the date of 
                enactment of this title.
                    (C) Designation of the chairman.--The President of 
                the United States shall designate a chairman from the 
                members of the Commission. The Speaker of the House of 
                Representatives and the Majority Leader of the Senate 
                shall jointly designate a Vice Chairman from the 
                members of the Commission.
                    (D) Period of appointment; vacancies.--Members 
                shall be appointed for the life of the Commission. Any 
                vacancy in Commission membership shall not affect the 
                exercise of the Commission's powers, and shall be 
                filled in the same manner as the original appointment.
    (c) Meetings.--
            (1) In general.--In not later than 60 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting. Subsequent meetings 
        shall be held at the call of the Chairman.
            (2) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
    (d) Security Clearances.--Appropriate security clearances shall be 
required for members of the Commission who are private United States 
citizens. Such clearances shall be processed and completed on an 
expedited basis by appropriate elements of the executive branch of 
Government and shall, in any case, be completed within 90 days of the 
date such members are appointed.
    (e) Application of Certain Provisions of Law.--In light of the 
extraordinary and sensitive nature of its deliberations, the provisions 
of the Federal Advisory Committee Act (5 U.S.C. App.), and the 
regulations prescribed by the Administrator of General Services 
pursuant to that Act, shall not apply to the Commission. Further, the 
provisions of section 552 of title 5, United States Code (commonly 
known as the ``Freedom of Information Act''), shall not apply to the 
Commission; however, records of the Commission shall be subject to the 
Federal Records Act and, when transferred to the National Archives and 
Records Agency, shall no longer be exempt from the provisions of such 
section 552.
    (f) Duties of the Commission.--
            (1) In general.--It shall be the duty of the Commission--
                    (A) to prepare and transmit the reports described 
                in paragraph (2); and
                    (B) to examine the long-term strategy of the United 
                States in addressing the threat of international 
                terrorism, including intelligence capabilities, 
                international cooperation, military responses, and 
                technological capabilities;
                    (C) to examine the efficacy and appropriateness of 
                Federal efforts to prevent, detect, investigate, and 
                prosecute acts of terrorism, including--
                            (i) the coordination of counterterrorism 
                        efforts among Federal departments and agencies, 
                        and Federal coordination of law enforcement 
                        with State and local law enforcement in 
                        responding to terrorist threats and acts;
                            (ii) the ability and utilization of 
                        counterintelligence efforts to infiltrate and 
                        disable or disrupt international terrorist 
                        organizations and their activities;
                            (iii) the impact of Federal immigration 
                        laws and policies on acts of terrorism 
                        transcending national boundaries;
                            (iv) the effectiveness of present 
                        regulations and practices relating to civil 
                        aviation safety and security to prevent acts of 
                        terrorism, to include a study of the 
                        desirability of assigning, on a permanent 
                        basis, personnel of the Federal Bureau of 
                        Investigation at high-risk airports, and a 
                        study of the practicality and desirability of 
                        transferring authority for United States 
                        airport security to an entity other than the 
                        Federal Aviation Administration;
                            (v) the extent and effectiveness of present 
                        cooperative efforts with foreign nations to 
                        prevent, detect, investigate and prosecute acts 
                        of terrorism; and
                            (vi) the impact on present counterterrorism 
                        efforts due to the failure to expend and 
                        utilize resources and authority previously 
                        provided by Congress for the implementation of 
                        enhanced counterterrorism activities and the 
                        reasons why these resources have not been 
                        expended in a timely way; and
                    (D) to examine the capability of the United States 
                intelligence community to detect, assess, infiltrate, 
                disrupt, and eliminate international terrorist 
                organizations and activities, including an assessment 
                of intelligence collection policies and practices which 
                affect the counterterrorism and antiterrorism 
                activities of the United States intelligence community 
                and of the resources provided the intelligence 
                community for such activities, together with a plan to 
                ensure enhanced human intelligence capabilities; and
                    (E) to examine all present laws relating to the 
                collection and dissemination of personal information on 
                individuals by law enforcement or other governmental 
                entities, and the necessity for additional protections 
                to prevent and deter the inappropriate collection and 
                dissemination of such information.
            (2) Reports.--
                    (A) Initial report.--Not later than 2 months after 
                the first meeting of the Commission, the Commission 
                shall transmit to the Committees on the Judiciary of 
                the Senate and the House of Representatives a report 
                setting forth its plan for the work of the Commission.
                    (B) Interim reports.--Prior to the submission of 
                the report required by subparagraph (C), the Commission 
                may issue such interim reports as it finds necessary 
                and desirable.
                    (C) Final report.--No later than 6 months after the 
                first meeting of the Commission, the Commission shall 
                submit to the President and to the Committees on the 
                Judiciary of the Senate and the House of 
                Representatives a report setting forth the activities, 
                findings, and recommendations of the Commission, 
                including any recommendations for the enactment of 
                legislation that the Commission considers advisable. To 
                the extent feasible, such report shall be unclassified 
                and made available to the public. Such report shall be 
                supplemented as necessary by a classified report or 
                annex, which shall be provided separately to the 
                President and the Committees on the Judiciary of the 
                Senate and the House of Representatives.
    (g) Powers.--
            (1) Hearings.--The Commission or, at its direction, any 
        panel or member of the Commission, may, for the purpose of 
        carrying out the provisions of this title, hold hearings, sit 
        and act at times and places, take testimony, receive evidence, 
        and administer oaths to the extent that the Commission or any 
        panel or member considers advisable.
            (2) Information from federal agencies.--The commission may 
        secure directly from any intelligence agency or from any other 
        Federal department or agency any information that the 
        Commission considers necessary to enable the Commission to 
        carry out its responsibilities under this section. Upon request 
        of the Chairman of the Commission, the head of any such 
        department or agency shall furnish such information 
        expeditiously to the Commission, unless the head of the 
        department or agency determines that doing so would threaten 
        national security, the health or safety of any individual, or 
        the integrity of an ongoing investigation or prosecution.
            (3) Postal, printing and binding services.--The Commission 
        may use the United States mails and obtain printing and binding 
        services in the same manner and under the same conditions as 
        other departments and agencies of the Federal Government.
            (4) Subcommittees.--The Commission may establish panels 
        composed of less than the full membership of the Commission for 
        the purpose of carrying out the Commission's duties. The 
        actions of each such panel shall be subject to the review and 
        control of the Commission. Any findings and determinations made 
        by such a panel shall not be considered the findings and 
        determinations of the Commission unless approved by the 
        Commission.
            (5) Authority of individuals to act for commission.--Any 
        member or agent of the Commission may, if authorized by the 
        Commission, take any action which the Commission is authorized 
        to take under this title.
    (h) Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        who is a private United States citizen shall be paid, if 
        requested, at a rate equal to the daily equivalent of the 
        annual rate of basic pay payable for Level V of the Executive 
        Schedule under section 5316 of title 5, United States Code, for 
        each day (including travel time) during which the member is 
        engaged in the performance of the duties of the Commission. All 
        members of the Commission who are Members of Congress shall 
        serve without compensation in addition to that received for 
        their services as Members of Congress.
            (2) Travel expenses.--Each member of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            (3) Staff.--
                    (A) In general.--The Chairman of the Commission 
                may, without regard to the provisions of title 5, 
                United States Code, governing appointments in the 
                competitive service, appoint a staff director and such 
                additional personnel as may be necessary to enable the 
                Commission to perform its duties. The staff director of 
                the Commission shall be appointed from private life, 
                and such appointment shall be subject to the approval 
                of the Commission as a whole.
                    (B) Compensation.--The Chairman of the Commission 
                may fix the pay of the staff and other personnel 
                without regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification of positions and 
                General Schedule pay rates, except that the rate of pay 
                fixed under this paragraph for the staff director may 
                not exceed the rate payable for Level V of the 
                Executive Schedule under section 5316 of such title and 
                the rate of pay for other personnel may not exceed the 
                maximum rate payable for grade GS-15 of the General 
                Schedule.
            (4) Detail of government employees.--Upon request of the 
        Chairman of the Commission, the head of any Federal department 
        or agency may detail, on a nonreimbursable basis, any personnel 
        of that department or agency to the Commission to assist it in 
        carrying out its administrative and clerical functions.
            (5) Procurement of temporary and intermittent services.--
        The Chairman of the Commission may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay payable for 
        Level V of the Executive Schedule under section 5316 of such 
        title.
    (i) Payment of Commission Expenses.--The compensation, travel 
expenses, per diem allowances of members and employees of the 
Commission, and other expenses of the Commission shall be paid out of 
funds available to the Attorney General for the payment of 
compensation, travel allowances, and per diem allowances, respectively, 
of employees of the Department of Justice.
    (j) Termination of the Commission.--The Commission shall terminate 
1 month after the date of the submission of the report required by 
subsection (f)(2)(C).

            Passed the House of Representatives August 2, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Linda Nave,

                                                          Deputy Clerk.
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