HR 5913 RFS
(1) IN GENERAL.—The Panel or, on the author-
ity of the Panel, any portion thereof, may, for the 
purpose of carrying out this section— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths (pro-
vided that the quorum for a hearing shall be 
two members of the Panel); and 
(B) subject to subsection (b), require by 
subpoena or otherwise provide for the attend-
ance and testimony of such witnesses and the 
production of such books, records, correspond-
ence, memoranda, papers, and documents, as 
the Panel, or such portion thereof, may deter-
mine advisable. 
(2) OPEN
TO
THE
PUBLIC.—Hearings and 
other activities conducted under paragraph (1) shall 
be open to the public unless the Panel, or, on the 
authority of the Panel, any portion thereof, deter-
mines that such is not appropriate, including for 
reasons relating to the disclosure of information or 
material regarding the national security interests of 
the United States or the disclosure of sensitive law 
enforcement data. 
(b) SUBPOENAS.— 
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(1) ISSUANCE.— 
(A) IN
GENERAL.—A subpoena may be 
issued under this subsection only— 
(i) by the two co-chairmen; or 
(ii) by the affirmative recorded vote of 
six members of the Panel. 
(B) SIGNATURE.—Subpoenas issued under 
this subsection may be— 
(i) issued under the signature of the 
two co-chairmen or any member designated 
by a majority of the Panel; and 
(ii) served by any person designated 
by the two co-chairmen or by any member 
designated by a majority of the Panel. 
(2) ENFORCEMENT.— 
(A) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued 
under this subsection, the United States district 
court for the judicial district in which the sub-
poenaed person resides, is served, or may be 
found, or where the subpoena is returnable, 
may issue an order requiring such person to 
produce documentary or other evidence. Any 
failure to obey the order of the court may be 
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punished by the court as contempt of that 
court. 
(B) ADDITIONAL ENFORCEMENT.—In the 
case of any failure of any witness to comply 
with any subpoena, the Panel may, by majority 
vote, certify a statement of fact constituting 
such failure to the appropriate United States 
attorney, who may bring the matter before a 
grand jury for its action, under the same statu-
tory authority and procedures as if the United 
States attorney had received a certification 
under sections 102 through 104 of the Revised 
Statutes of the United States (2 U.S.C. 192 
through 194). 
(c) PERSONNEL.— 
(1) IN GENERAL.—The Panel shall have the au-
thorities provided in section 3161 of title 5, United 
States Code, and shall be subject to the conditions 
specified in such section, except to the extent that 
such conditions would be inconsistent with the re-
quirements of this section. 
(2) COMPENSATION.—The co-chairmen, in ac-
cordance with rules agreed upon by the Panel, may 
appoint and fix the compensation of a staff director 
and such other personnel as may be necessary to en-
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able the Panel to carry out its functions, without re-
gard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, 
and without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title relat-
ing to classification and General Schedule pay rates, 
except that no rate of pay fixed under this para-
graph may exceed the equivalent of that payable for 
a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code. 
(3) DETAILEES.—Any employee of the Federal 
Government may be detailed to the Panel without 
reimbursement from the Panel, and such detailee 
shall retain the rights, status, and privileges of the 
employee’s regular employment without interruption. 
(4) EXPERT AND CONSULTANT SERVICES.—The 
Panel is authorized to procure the services of experts 
and consultants in accordance with section 3109 of 
title 5, United States Code, but at rates not to ex-
ceed the daily rate paid a person occupying a posi-
tion at level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code. 
(5) VOLUNTEER
SERVICES.—Notwithstanding 
section 1342 of title 31, United States Code, the 
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Panel may accept and use voluntary and uncompen-
sated services as the Panel determines necessary. 
(d) SECURITY CLEARANCES.—The appropriate de-
partments or agencies of the Federal Government shall co-
operate with the Panel in expeditiously providing to the 
Panel members and staff appropriate security clearances 
to the extent possible pursuant to existing procedures and 
requirements, except that no person shall be provided with 
access to classified information under this section without 
the appropriate security clearances. 
(e) CONTRACTING.—The Panel may, to such extent 
and in such amounts as are provided in appropriation 
Acts, enter into contracts to enable the Panel to carry out 
its duties under this Act. 
(f) POSTAL SERVICES.—The Panel may use the 
United States mails in the same manner and under the 
same conditions as departments and agencies of the 
United States. 
(g) SUPPORT SERVICES.—Upon request of the Panel, 
the Administrator of General Services shall provide the 
Panel, on a reimbursable basis, with the administrative 
support services necessary for the Panel to carry out its 
duties under this Act. Such administrative services may 
include human resource management, budget, leasing, ac-
counting, and payroll services. 
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(h) RULES OF PROCEDURE.—The Panel may estab-
lish rules for the conduct of the Panel’s business, if such 
rules are not inconsistent with this Act or other applicable 
law. 
(i) NONAPPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Panel. 
(j) TERMINATION.—The Panel shall terminate on the 
date that is 60 days after the date of the submission of 
its final report. 
SEC. 7. REPORTS TO CONGRESS. 
(a) INTERIM REPORT.—Not later than one year after 
the date of the appointment of all the members of the 
Panel, the Panel shall submit to the Committee on Home-
land Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate an interim report, including the results 
and findings of the assessment and examination carried 
out in accordance with section 5. 
(b) OTHER REPORTS AND BRIEFINGS.—The Panel 
may from time to time submit to the committees specified 
in subsection (a) such other reports and briefings relating 
to the assessment and examination carried out in accord-
ance with section 5 as the Panel considers appropriate. 
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(C) options, as appropriate, to reduce or 
eliminate harmful waste and duplication of ef-
fort in the Department; and 
(D) developing measures to evaluate the 
Department’s progress in reducing and elimi-
nating waste and duplication from its manage-
ment structure and capabilities. 
Passed the House of Representatives November 27, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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