II

104TH CONGRESS

2D SESSION H.R. 3953

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 1996

Read the first time

AN ACT

To combat terrorism.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

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

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

5 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.

6 TITLE I—AVIATION SECURITY

7 SEC. 101. INTERIM DEPLOYMENT OF COMMERCIALLY

8 AVAILABLE EXPLOSIVE DETECTION EQUIP9 MENT.

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

11 amended—

12 (1) by redesignating paragraph (3) as para13 graph (4); and
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1 (2) by inserting after paragraph (2) the follow2 ing new paragraph (3):

3 ‘‘(3) Until such time as the Administrator de4 termines that equipment certified under paragraph

5 (1) of this subsection is commercially available and

6 has successfully completed operational testing as

7 provided in 49 United States Code 44913(a)(1), the

8 Administrator shall facilitate the deployment of com9 mercially available explosive detection devices that

10 the Administrator approves and determines will en11 hance aviation security significantly. The Adminis12 trator shall require that equipment deployed under

13 this paragraph be replaced by equipment certified

14 under paragraph (1) when equipment certified under

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

16 SEC. 102. AUTHORITY FOR CRIMINAL HISTORY RECORDS

17 CHECKS.

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

19 is amended—

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

21 (2) by redesignating subparagraphs (A) and

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

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

24 ‘‘(B) The Administrator shall require by regula25 tion that an employment investigation (including a
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1 criminal history record check in cases in which the

2 employment investigation reveals a gap in employ3 ment of 12 months or more that the individual does

4 not satisfactorily account for) be conducted for indi5 viduals who will be responsible for screening pas6 sengers or property under this chapter and their su7 pervisors.’’.

8 SEC. 103. AUDIT OF PERFORMANCE OF BACKGROUND

9 CHECKS FOR CERTAIN PERSONNEL.

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

11 amended by adding at the end the following:

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

13 periodic audit of criminal history record checks con14 ducted under paragraph (1) of this subsection.’’.

15 SEC. 104. PERFORMANCE STANDARDS FOR AIRPORT SECU16 RITY PERSONNEL.

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

18 amended—

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

20 (4); and

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

22 ‘‘(6) performance standards for airport and air23 line security personnel, including counter personnel;

24 and
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1 ‘‘(7) guidelines for encouraging the retention of

2 security personnel responsible for passengers and

3 cargo.’’

4 SEC. 105. PASSENGER PROFILING.

5 The Federal Aviation Administration, the Secretary

6 of Transportation, the intelligence community, and the law

7 enforcement community should continue to assist air car8 riers in developing computer-assisted passenger profiling

9 programs.

10 SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIR11 PORT SECURITY PROGRAMS AND ACTIVITIES.

12 (a) AUTHORITY TO USE FUNDS.—Notwithstanding

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

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

15 security programs and other activities at airports (includ16 ing the improvement of facilities and the purchase and de17 ployment of equipment) to ensure the safety and security

18 of passengers and other persons involved in air travel.

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

20 used under subsection (a):

21 (1) Project grants made under subchapter 1 of

22 chapter 471 of title 49, United States Code.

23 (2) Passenger facility fees collected under sec24 tion 40117 of title 49, United States Code.
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1 SEC. 107. ASSESSMENT OF CARGO.

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

3 Aviation Administration shall, in consultation with the ap4 propriate Federal agencies, review—

5 (1) the oversight by the Federal Aviation Ad6 ministration of inspections of shipments of mail and

7 cargo by domestic and foreign air carriers; and

8 (2) the need for additional security measures

9 with respect to such inspections; and

10 (3) the adequacy of inspection and screening of

11 cargo on passenger air carriers.

12 (b) LEGISLATIVE PROPOSALS.—The President shall

13 submit relevant legislative proposals to Congress, as may

14 be required.

15 SEC. 108. ASSIGNMENT OF FBI AGENTS TO HIGH-RISK AIR16 PORTS.

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

18 amended by adding at the end the following:

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

20 HIGH-RISK AIRPORTS.—The Director of the Federal Bu21 reau of Investigation shall assure that agents of the Fed22 eral Bureau of Investigation who are assigned to an area

23 where there are airports that are determined to be high24 risk airports shall, jointly with the Federal Aviation Ad25 ministration, carry out periodic threat and vulnerability
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1 assessments of security every 3 years, or more frequently,

2 as necessary, at such airports.’’.

3 SEC. 109. SUPPLEMENTAL SCREENING.

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

5 amended by adding at the end of the following new para6 graph:

7 ‘‘(3) USE OF DOGS IN SCREENING.—

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

9 presence and capability required under para10 graph (1) shall include a requirement that the

11 operator of each major airport use dogs or

12 other appropriate animals to supplement exist13 ing equipment used for screening passengers

14 and cargo for plastic explosives and other de15 vices or materials which may be used in aircraft

16 piracy. If the Administrator determines that the

17 requirements of the preceding sentence will not

18 significantly enhance the safety and security of

19 passengers and other persons involved in air

20 travel, the Administrator may modify such re21 quirements as appropriate. At the discretion of

22 the Administrator, the use of dogs at an airport

23 may be deemed as compliance with section

24 44913(a)(3) of this title.
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1 ‘‘(B) MAJOR AIRPORT DEFINED.—In this

2 paragraph, the term ‘major airport’ means an

3 airport that is one of the largest 50 airports in

4 the United States, as determined by the num5 ber of passenger enplanements in calendar year

6 1995.’’.

7 SEC. 110. SUPPLEMENTAL EXPLOSIVE DETECTION.

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

9 amended to read as follows:

10 ‘‘(b) SUPPLEMENTAL EXPLOSIVE DETECTION.—

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

12 grants for expenses of training and evaluation of

13 dogs for the explosive detection K–9 team training

14 program for the purpose of detecting explosives at

15 airports and aboard aircraft. Not later than 180

16 days after the date of the enactment of the Aviation

17 Security Improvement Act of 1996, the Secretary

18 shall extend such program to the largest 50 airports

19 in the United States, as determined by the number

20 of passenger enplanements in calendar year 1995.

21 ‘‘(2) FUNDING.—There is authorized to be ap22 propriated from the Trust Fund for carrying out

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

24 fiscal years beginning after September 30, 1996.

25 Such funds shall remain available until expended.’’.
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1 SEC. 111. ENHANCED SECURITY FOR SMALL AIRPLANES

2 Not later than 60 days after the date of the enact3 ment of this Act, the Administrator shall initiate a rule4 making to revise section 108.5 and 108.7 of 14 C.F.R.

5 with respect to airplanes having a passenger seating con6 figuration of less than 61 to enhance the safety and secu7 rity of air travel in such airplanes.

8 SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.

9 (a) ESTABLISHMENT.—There is established a com10 mission to be known as the Civil Aviation Security Review

11 Commission (hereinafter in this section referred to as the

12 ‘‘Commission’’).

13 (b) FUNCTIONS.—The Commission shall conduct a

14 comprehensive review of aviation security. Matters to be

15 studied by the Commission shall include the following:

16 (1) A review of the advisability of transferring

17 responsibilities of air carriers under Federal law for

18 security activities conducted on-site at airports to

19 airport operators or to appropriate entities inde20 pendent of air carriers.

21 (2) A review of whether baggage match require22 ments should be imposed on air carriers providing

23 interstate air transportation and how baggage match

24 can be accomplished to enhance the safety and secu25 rity of domestic air travel.
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1 (3) A review of the cost and advisability of re2 quiring hardened cargo containers as a way to en3 hance aviation security and reduce the required sen4 sitivity of bomb detection equipment.

5 (c) MEMBERSHIP.—The Commission shall be com6 posed of 13 members, appointed from persons knowledge7 able about civil aviation in the United States and who are

8 specifically qualified by training and experience to perform

9 the duties of the Commission, as follows:

10 (1) 3 members appointed by the Secretary of

11 Transportation, in consultation with the Secretary of

12 the Treasury.

13 (2) 10 members appointed by Congress as fol14 lows:

15 (A) 1 member appointed by each of the

16 chairman and ranking minority member of the

17 Committee on Transportation and Infrastruc18 ture of the House of Representatives.

19 (B) 1 member appointed by each of the

20 chairman and ranking minority member of the

21 Committee on Appropriations of the House of

22 Representatives.

23 (C) 1 member appointed by each of the

24 chairman and ranking minority member of the
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1 Committee on Commerce, Science, and Trans2 portation of the Senate.

3 (D) 1 member appointed by each of the

4 chairman and ranking minority member of the

5 Committee on Appropriations of the Senate.

6 (E) 1 member appointed by each of the

7 chairman and ranking minority member of the

8 Committee on Ways and Means of the House of

9 Representatives.

10 (d) RESTRICTION ON APPOINTMENT OF CURRENT

11 AVIATION EMPLOYEES.—A member appointed under sub12 section (c)(1) may not be an employee of an airline, air13 port, aviation union, or aviation trade association at the

14 time of appointment or while serving on the Commission.

15 (e) TIMING OF APPOINTMENTS.—The appointing au16 thorities shall make their appointments to the Commission

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

18 of this Act.

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

20 of Transportation, the Speaker of the House of Represent21 atives and the Majority Leader of the Senate shall des22 ignate a chairman and vice chairman from among the

23 members of the Commission not later than 30 days after

24 appointment of the last member to the Commission.
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1 (g) PERIOD OF APPOINTMENT AND VACANCIES.—

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

3 and any vacancy on the Commission shall not affect its

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

5 same appointing authority, as the original appointment.

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

7 Commission shall constitute a quorum to conduct busi8 ness, but the Commission may establish a lesser number

9 for conducting hearings scheduled by the Commission.

10 (i) POWERS OF THE COMMISSION.—

11 (1) HEARINGS.—The Commission may hold

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

13 administer such oaths, take such testimony, and re14 ceive such evidence as the Commission considers ad15 visable to carry out its duties.

16 (2) INFORMATION FROM FEDERAL AGENCIES.—

17 The Commission may secure directly from any Fed18 eral department or agency such information or docu19 ments as the Commission considers necessary to

20 carry out its duties, unless the head of such depart21 ment or agency advises the chairman of the Com22 mission, in writing, that such information is con23 fidential and that its release to the Commission

24 would jeopardize aviation safety, the national secu25 rity, or pending criminal investigations.
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1 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

2 Any Federal Government employee may be detailed

3 to the Commission without reimbursement, and such

4 detail shall be without interruption or loss of civil

5 service status or privilege.

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

7 staff of the Commission shall be paid travel ex8 penses, including per diem in lieu of subsistence,

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

10 in accordance with section 5703 of title 5, United

11 States Code.

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

13 date of the appointment of the last member to the Com14 mission under subsection (c), the Commission shall submit

15 to Congress and the Administrator a final report on the

16 findings of the Commission with corresponding rec17 ommendations. Included with this report shall be the inde18 pendent audit required under subsection (j).

19 (k) AUTHORIZATION OF APPROPRIATIONS.—There is

20 hereby authorized to be appropriated $2,400,000 for ac21 tivities of the Commission to remain available until ex22 pended.
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1 TITLE II—ANTITERRORISM

2 SEC. 201. ADDITION OF TERRORIST OFFENSES AS RICO

3 PREDICATES.

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

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

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

7 aircraft), section 37 (relating to violence at inter8 national airports), section 115 (relating to influenc9 ing, impeding, or retaliating against a Federal offi10 cial by threatening or injuring a family member),

11 section’’ after ‘‘Section’’;

12 (2) inserting ‘‘section 351 (relating to Congres13 sional or Cabinet officer assassination,’’ after ‘‘sec14 tion 224 (relating to sports bribery),’’;

15 (3) inserting ‘‘section 831 (relating to prohib16 ited transactions involving nuclear materials), sec17 tion 844(f) or (i) (relating to destruction by explo18 sives or fire of government property or property af19 fecting interstate or foreign commerce),’’ after ‘‘sec20 tion 664 (relating to embezzlement from pension and

21 welfare funds),’’;

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

23 attacks against Federal buildings), section 956 (re24 lating to conspiracy to kill, kidnap, maim, or injure

25 certain property in a foreign country),’’ after ‘‘sec-
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1 tions 891–894 (relating to extortionate credit trans2 actions),’’;

3 (5) inserting ‘‘section 1111 (relating to mur4 der), section 1114 (relating to murder of United

5 States law enforcement officials), section 1116 (re6 lating to murder of foreign officials, official guests,

7 or internationally protected persons), section 1203

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

9 (relating to the transmission of gambling informa10 tion),’’;

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

12 injury of government property), section 1363 (relat13 ing to destruction of property within the special

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

15 1344 (relating to financial institution fraud),’’;

16 (7) inserting ‘‘section 1751 (relating to Presi17 dential assassination),’’ after ‘‘sections 1581–1588

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

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

20 wrecking), section 2280 (relating to violence against

21 maritime navigation), section 2281 (relating to vio22 lence against maritime fixed platforms),’’ after ‘‘sec23 tion 1958 (relating to use of interstate commerce fa24 cilities in the commission of murder-for-hire),’’; and
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1 (9) inserting ‘‘section 2332 (relating to terrorist

2 acts abroad against United States nationals), section

3 2332a (relating to use of weapons of mass destruc4 tion), section 2332b (relating to acts of terrorism

5 transcending national boundaries), section 2332c

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

7 (relating to providing material support to terror8 ists),’’ after ‘‘2321 (relating to trafficking in certain

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

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

11 title 18 of the United States Code is amended—

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

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

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

15 (G) section 46502 of title 49, United States Code;’’.

16 (c) LIMITATION TO CIVIL RICO.—The amendments

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

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

19 SEC. 202. ENHANCED PRIVACY ACT AND WIRETAP PEN20 ALTIES.

21 (a) ENHANCEMENT OF PRIVACY ACT CRIMINAL PEN22 ALTIES.—Paragraphs (1) and (3) of section 552a(i) of

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

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

25 through the end of the paragraph and inserting ‘‘shall be
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1 fined under title 18, imprisoned not more than 5 years,

2 or both.’’.

3 (b) ENHANCEMENT OF PRIVACY ACT CIVIL DAM4 AGES.—Section 552a(g)(4)(A) of title 5, United States

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

6 ‘‘$5,000’’.

7 (c) ENHANCEMENT OF WIRETAP DISCLOSURE

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

9 States Code, is amended—

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

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

12 ‘‘this section’’; and

13 (2) by adding after paragraph (c) the following:

14 ‘‘(d) If the offense is an offense under paragraph (c)

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

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

17 SEC. 203. COMBATTING INTERNATIONAL STATE TERROR18 ISM.

19 (a) SANCTIONS AGAINST SPONSORS OF INTER20 NATIONAL TERRORISM.—The Congress urges the Presi21 dent to commence immediately diplomatic efforts, both in

22 appropriate international fora including the United Na23 tions, and bilaterally with allies of the United States, to

24 establish a multilateral sanctions regime against each of

25 those nations certified under section 6(j) of the Export
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1 Administration Act of 1979 as having repeatedly provided

2 support for acts of international terrorism. The President

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

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

5 on the extent to which these diplomatic efforts have been

6 successful.

7 (b) ACTION PLANS FOR DESIGNATED TERRORIST

8 NATIONS.—The President shall provide to the Congress

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

10 an Action Plan for inducing each of those nations certified

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

12 1979 as having repeatedly provided support for acts of

13 international terrorism to cease their support for acts of

14 international terrorism.

15 (c) REPORT ON UNITED STATES COUNTERTERROR

16 AND ANTITERROR INTELLIGENCE CAPABILITIES.—Not

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

18 Act, the President shall provide to the Permanent Select

19 Committees on Intelligence of the Senate and the House

20 of Representatives a report on the capability of the United

21 States intelligence community to detect, assess, and elimi22 nate international terrorist activities, including an assess23 ment of intelligence collection policies and practices which

24 affect the counterterrorism and antiterrorism activities of

25 the United States intelligence community and of the re-
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1 sources provided the intelligence community for such ac2 tivities, together with a plan to ensure enhanced human

3 intelligence capabilities. To the extent feasible, such report

4 shall be unclassified and made available to the public.

5 Such report shall be supplemented as necessary by a clas6 sified report or annex, which shall be transmitted and

7 maintained under appropriate security procedures.

8 SEC. 204. IMPLEMENTATION OF THE ANTITERRORISM AND

9 EFFECTIVE DEATH PENALTY ACT OF 1996.

10 The Secretary of State is hereby directed, before Oc11 tober 1, 1996, to designate foreign terrorist organizations

12 pursuant to the amendment made by section 302 (relating

13 to international terrorism prohibitions) of the

14 Antiterrorism and Effective Death Penalty Act of 1996,

15 and, if possible, justified by the evidence, and consistent

16 with the needs of law enforcement and intelligence, the

17 Secretary of the Treasury shall freeze assets and the At18 torney General shall initiate the removal of known alien

19 terrorists and criminals.

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

21 (a) AMENDMENT TO 1996 ACT TO INCLUDE BLACK

22 AND SMOKELESS POWDER.—Notwithstanding the provi23 sions to the contrary of section 732 of the Antiterrorism

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

25 exclusion of black and smokeless powder from the study
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1 described thereunder), the Director of the National Insti2 tute of Justice shall contract for an independent study of

3 the feasibility, safety, and law enforcement effectiveness

4 of including taggants in black and smokeless powder. The

5 contract shall require the completion of the study within

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

7 entity that conducts the study shall be outside the execu8 tive branch of the Government and possess the requisite

9 expertise in explosives technology. The study shall, in ad10 dition, draw upon expertise and science from consultants

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

12 such explosives.

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

14 after the completion of the study conducted under sub15 section (a), the Director shall submit the study to the Con16 gress. If the results of the study conducted under sub17 section (a) indicate that the taggants—

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

19 (2) will substantially assist law enforcement of20 ficers in their investigative efforts;

21 (3) will not substantially impair the quality of

22 the explosive materials for their intended lawful use;

23 (4) will not have a substantially adverse effect

24 on the environment; and
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1 (5) the costs associated with the addition of the

2 taggants will not outweigh the benefits of their in3 clusion;

4 then the Director may submit to Congress recommenda5 tions for legislation for the addition of taggants to black

6 and smokeless powder manufactured in or imported into

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

8 as the proposed legislation may authorize or require.

9 SEC. 206. NATIONAL COMMISSION ON TERRORISM.

10 (a) ESTABLISHMENT.—There is established a com11 mission to be known as the National Commission on Ter12 rorism (in this title referred to as the ‘‘Commission’’).

13 (b) MEMBERSHIP.—

14 (1) NUMBER AND APPOINTMENT.—

15 (A) GENERALLY.—The Commission shall

16 be composed of 9 members, appointed from per17 sons specially qualified by training and experi18 ence to perform the duties of the Commission,

19 as follows:

20 (i) 2 appointed by the Speaker of the

21 House of Representatives, and 1 appointed

22 by the Minority Leader of the House of

23 Representatives;
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1 (ii) 2 appointed by the Majority Lead2 er of the Senate, and 1 appointed by the

3 Minority Leader of the Senate; and

4 (iii) 3 appointed by the President of

5 the United States.

6 (B) TIMING OF APPOINTMENTS.—The ap7 pointing authorities shall make their appoint8 ments to the Commission not later than 45

9 days after the date of enactment of this title.

10 (C) DESIGNATION OF THE CHAIRMAN.—

11 The President of the United States shall des12 ignate a chairman from the members of the

13 Commission. The Speaker of the House of Rep14 resentatives and the Majority Leader of the

15 Senate shall jointly designate a Vice Chairman

16 from the members of the Commission.

17 (D) PERIOD OF APPOINTMENT; VACAN18 CIES.—Members shall be appointed for the life

19 of the Commission. Any vacancy in Commission

20 membership shall not affect the exercise of the

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

22 same manner as the original appointment.

23 (c) MEETINGS.—

24 (1) IN GENERAL.—In not later than 60 days

25 after the date on which all members of the Commis-
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1 sion have been appointed, the Commission shall hold

2 its first meeting. Subsequent meetings shall be held

3 at the call of the Chairman.

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

5 the Commission shall constitute a quorum, but a

6 lesser number of members may hold hearings.

7 (d) SECURITY CLEARANCES.—Appropriate security

8 clearances shall be required for members of the Commis9 sion who are private United States citizens. Such clear10 ances shall be processed and completed on an expedited

11 basis by appropriate elements of the executive branch of

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

13 90 days of the date such members are appointed.

14 (e) APPLICATION OF CERTAIN PROVISIONS OF

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

16 of its deliberations, the provisions of the Federal Advisory

17 Committee Act (5 U.S.C. App.), and the regulations pre18 scribed by the Administrator of General Services pursuant

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

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

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

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

23 Commission shall be subject to the Federal Records Act

24 and, when transferred to the National Archives and
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1 Records Agency, shall no longer be exempt from the provi2 sions of such section 552.

3 (f) DUTIES OF THE COMMISSION.—

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

5 Commission—

6 (A) to prepare and transmit the reports

7 described in paragraph (2); and

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

9 the United States in addressing the threat of

10 international terrorism, including intelligence

11 capabilities, international cooperation, military

12 responses, and technological capabilities;

13 (C) to examine the efficacy and appro14 priateness of Federal efforts to prevent, detect,

15 investigate, and prosecute acts of terrorism, in16 cluding—

17 (i) the coordination of

18 counterterrorism efforts among Federal de19 partments and agencies, and Federal co20 ordination of law enforcement with State

21 and local law enforcement in responding to

22 terrorist threats and acts;

23 (ii) the ability and utilization of coun24 terintelligence efforts to infiltrate and dis-
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1 able or disrupt international terrorist orga2 nizations and their activities;

3 (iii) the impact of Federal immigra4 tion laws and policies on acts of terrorism

5 transcending national boundaries;

6 (iv) the effectiveness of present regu7 lations and practices relating to civil avia8 tion safety and security to prevent acts of

9 terrorism, to include a study of the desir10 ability of assigning, on a permanent basis,

11 personnel of the Federal Bureau of Inves12 tigation at high-risk airports, and a study

13 of the practicality and desirability of trans14 ferring authority for United States airport

15 security to an entity other than the Fed16 eral Aviation Administration;

17 (v) the extent and effectiveness of

18 present cooperative efforts with foreign na19 tions to prevent, detect, investigate and

20 prosecute acts of terrorism; and

21 (vi) the impact on present

22 counterterrorism efforts due to the failure

23 to expend and utilize resources and author24 ity previously provided by Congress for the

25 implementation of enhanced
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1 counterterrorism activities and the reasons

2 why these resources have not been ex3 pended in a timely way; and

4 (D) to examine the capability of the United

5 States intelligence community to detect, assess,

6 infiltrate, disrupt, and eliminate international

7 terrorist organizations and activities, including

8 an assessment of intelligence collection policies

9 and practices which affect the counterterrorism

10 and antiterrorism activities of the United States

11 intelligence community and of the resources

12 provided the intelligence community for such

13 activities, together with a plan to ensure en14 hanced human intelligence capabilities; and

15 (E) to examine all present laws relating to

16 the collection and dissemination of personal in17 formation on individuals by law enforcement or

18 other governmental entities, and the necessity

19 for additional protections to prevent and deter

20 the inappropriate collection and dissemination

21 of such information.

22 (2) REPORTS.—

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

24 months after the first meeting of the Commis25 sion, the Commission shall transmit to the
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1 Committees on the Judiciary of the Senate and

2 the House of Representatives a report setting

3 forth its plan for the work of the Commission.

4 (B) INTERIM REPORTS.—Prior to the sub5 mission of the report required by subparagraph

6 (C), the Commission may issue such interim re7 ports as it finds necessary and desirable.

8 (C) FINAL REPORT.—No later than 6

9 months after the first meeting of the Commis10 sion, the Commission shall submit to the Presi11 dent and to the Committees on the Judiciary of

12 the Senate and the House of Representatives a

13 report setting forth the activities, findings, and

14 recommendations of the Commission, including

15 any recommendations for the enactment of leg16 islation that the Commission considers advis17 able. To the extent feasible, such report shall be

18 unclassified and made available to the public.

19 Such report shall be supplemented as necessary

20 by a classified report or annex, which shall be

21 provided separately to the President and the

22 Committees on the Judiciary of the Senate and

23 the House of Representatives.

24 (g) POWERS.—
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1 (1) HEARINGS.—The Commission or, at its di2 rection, any panel or member of the Commission,

3 may, for the purpose of carrying out the provisions

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

5 places, take testimony, receive evidence, and admin6 ister oaths to the extent that the Commission or any

7 panel or member considers advisable.

8 (2) INFORMATION FROM FEDERAL AGENCIES.—

9 The commission may secure directly from any intel10 ligence agency or from any other Federal depart11 ment or agency any information that the Commis12 sion considers necessary to enable the Commission

13 to carry out its responsibilities under this section.

14 Upon request of the Chairman of the Commission,

15 the head of any such department or agency shall

16 furnish such information expeditiously to the Com17 mission, unless the head of the department or agen18 cy determines that doing so would threaten national

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

20 the integrity of an ongoing investigation or prosecu21 tion.

22 (3) POSTAL, PRINTING AND BINDING SERV23 ICES.—The Commission may use the United States

24 mails and obtain printing and binding services in the

25 same manner and under the same conditions as
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1 other departments and agencies of the Federal Gov2 ernment.

3 (4) SUBCOMMITTEES.—The Commission may

4 establish panels composed of less than the full mem5 bership of the Commission for the purpose of carry6 ing out the Commission’s duties. The actions of each

7 such panel shall be subject to the review and control

8 of the Commission. Any findings and determinations

9 made by such a panel shall not be considered the

10 findings and determinations of the Commission un11 less approved by the Commission.

12 (5) AUTHORITY OF INDIVIDUALS TO ACT FOR

13 COMMISSION.—Any member or agent of the Com14 mission may, if authorized by the Commission, take

15 any action which the Commission is authorized to

16 take under this title.

17 (h) PERSONNEL MATTERS.—

18 (1) COMPENSATION OF MEMBERS.—Each mem19 ber of the Commission who is a private United

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

21 equal to the daily equivalent of the annual rate of

22 basic pay payable for Level V of the Executive

23 Schedule under section 5316 of title 5, United

24 States Code, for each day (including travel time)

25 during which the member is engaged in the perform-
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1 ance of the duties of the Commission. All members

2 of the Commission who are Members of Congress

3 shall serve without compensation in addition to that

4 received for their services as Members of Congress.

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

6 Commission shall be allowed travel expenses, includ7 ing per diem in lieu of subsistence, at rates author8 ized for employees of agencies under subchapter I of

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

10 away from their homes or regular places of business

11 in the performance of services for the Commission.

12 (3) STAFF.—

13 (A) IN GENERAL.—The Chairman of the

14 Commission may, without regard to the provi15 sions of title 5, United States Code, governing

16 appointments in the competitive service, appoint

17 a staff director and such additional personnel

18 as may be necessary to enable the Commission

19 to perform its duties. The staff director of the

20 Commission shall be appointed from private

21 life, and such appointment shall be subject to

22 the approval of the Commission as a whole.

23 (B) COMPENSATION.—The Chairman of

24 the Commission may fix the pay of the staff

25 and other personnel without regard to the pro-
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1 visions of chapter 51 and subchapter III of

2 chapter 53 of title 5, United States Code, relat3 ing to classification of positions and General

4 Schedule pay rates, except that the rate of pay

5 fixed under this paragraph for the staff director

6 may not exceed the rate payable for Level V of

7 the Executive Schedule under section 5316 of

8 such title and the rate of pay for other person9 nel may not exceed the maximum rate payable

10 for grade GS–15 of the General Schedule.

11 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

12 Upon request of the Chairman of the Commission,

13 the head of any Federal department or agency may

14 detail, on a nonreimbursable basis, any personnel of

15 that department or agency to the Commission to as16 sist it in carrying out its administrative and clerical

17 functions.

18 (5) PROCUREMENT OF TEMPORARY AND INTER19 MITTENT SERVICES.—The Chairman of the Commis20 sion may procure temporary and intermittent serv21 ices under section 3109(b) of title 5, United States

22 Code, at rates for individuals which do not exceed

23 the daily equivalent of the annual rate of basic pay

24 payable for Level V of the Executive Schedule under

25 section 5316 of such title.
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1 (i) PAYMENT OF COMMISSION EXPENSES.—The com2 pensation, travel expenses, per diem allowances of mem3 bers and employees of the Commission, and other expenses

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

5 the Attorney General for the payment of compensation,

6 travel allowances, and per diem allowances, respectively,

7 of employees of the Department of Justice.

8 (j) TERMINATION OF THE COMMISSION.—The Com9 mission shall terminate 1 month after the date of the sub10 mission 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.