104TH CONGRESS
2D SESSION
H. R. 3953
AN ACT
To combat terrorism.
104TH CONGRESS
2D SESSION
H. R. 3953
AN ACT
To combat terrorism.
Be it enacted by the Senate and House of Representa-
tives 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 ac-
tivities.
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 EQUIP-
MENT.
Section 44913(a) of title 49, United States Code, is
amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the follow-
ing new paragraph (3):
‘‘(3) Until such time as the Administrator de-
termines 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 com-
mercially available explosive detection devices that
the Administrator approves and determines will en-
hance aviation security significantly. The Adminis-
trator 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 regula-
tion that an employment investigation (including a
criminal history record check in cases in which the
employment investigation reveals a gap in employ-
ment of 12 months or more that the individual does
not satisfactorily account for) be conducted for indi-
viduals who will be responsible for screening pas-
sengers or property under this chapter and their su-
pervisors.’’.
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 con-
ducted under paragraph (1) of this subsection.’’.
SEC. 104. PERFORMANCE STANDARDS FOR AIRPORT SECU-
RITY 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 air-
line 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 car-
riers in developing computer-assisted passenger profiling
programs.
SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIR-
PORT 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 (includ-
ing the improvement of facilities and the purchase and de-
ployment 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 sec-
tion 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 ap-
propriate Federal agencies, review—
(1) the oversight by the Federal Aviation Ad-
ministration 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 AIR-
PORTS.
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 Bu-
reau of Investigation shall assure that agents of the Fed-
eral 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 Ad-
ministration, 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 para-
graph:
‘‘(3) USE OF DOGS IN SCREENING.—
‘‘(A) IN GENERAL.—The law enforcement
presence and capability required under para-
graph (1) shall include a requirement that the
operator of each major airport use dogs or
other appropriate animals to supplement exist-
ing equipment used for screening passengers
and cargo for plastic explosives and other de-
vices 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 re-
quirements 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 num-
ber 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 ap-
propriated 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 enact-
ment of this Act, the Administrator shall initiate a rule-
making to revise section 108.5 and 108.7 of 14 C.F.R.
with respect to airplanes having a passenger seating con-
figuration of less than 61 to enhance the safety and secu-
rity of air travel in such airplanes.
SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission 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 inde-
pendent of air carriers.
(2) A review of whether baggage match require-
ments should be imposed on air carriers providing
interstate air transportation and how baggage match
can be accomplished to enhance the safety and secu-
rity of domestic air travel.
(3) A review of the cost and advisability of re-
quiring hardened cargo containers as a way to en-
hance aviation security and reduce the required sen-
sitivity of bomb detection equipment.
(c) MEMBERSHIP.—The Commission shall be com-
posed of 13 members, appointed from persons knowledge-
able 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 fol-
lows:
(A) 1 member appointed by each of the
chairman and ranking minority member of the
Committee on Transportation and Infrastruc-
ture 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 Trans-
portation 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 sub-
section (c)(1) may not be an employee of an airline, air-
port, aviation union, or aviation trade association at the
time of appointment or while serving on the Commission.
(e) TIMING OF APPOINTMENTS.—The appointing au-
thorities 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 Represent-
atives and the Majority Leader of the Senate shall des-
ignate 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 busi-
ness, 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 re-
ceive such evidence as the Commission considers ad-
visable to carry out its duties.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Commission may secure directly from any Fed-
eral department or agency such information or docu-
ments as the Commission considers necessary to
carry out its duties, unless the head of such depart-
ment or agency advises the chairman of the Com-
mission, in writing, that such information is con-
fidential and that its release to the Commission
would jeopardize aviation safety, the national secu-
rity, 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 ex-
penses, 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 Com-
mission under subsection (c), the Commission shall submit
to Congress and the Administrator a final report on the
findings of the Commission with corresponding rec-
ommendations. Included with this report shall be the inde-
pendent audit required under subsection (j).
(k) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated $2,400,000 for ac-
tivities of the Commission to remain available until ex-
pended.
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 inter-
national airports), section 115 (relating to influenc-
ing, impeding, or retaliating against a Federal offi-
cial by threatening or injuring a family member),
section’’ after ‘‘Section’’;
(2) inserting ‘‘section 351 (relating to Congres-
sional or Cabinet officer assassination,’’ after ‘‘sec-
tion 224 (relating to sports bribery),’’;
(3) inserting ‘‘section 831 (relating to prohib-
ited transactions involving nuclear materials), sec-
tion 844(f) or (i) (relating to destruction by explo-
sives or fire of government property or property af-
fecting interstate or foreign commerce),’’ after ‘‘sec-
tion 664 (relating to embezzlement from pension and
welfare funds),’’;
(4) inserting ‘‘section 930(c) (relating to violent
attacks against Federal buildings), section 956 (re-
lating to conspiracy to kill, kidnap, maim, or injure
certain property in a foreign country),’’ after ‘‘sec-
tions 891–894 (relating to extortionate credit trans-
actions),’’;
(5) inserting ‘‘section 1111 (relating to mur-
der), section 1114 (relating to murder of United
States law enforcement officials), section 1116 (re-
lating 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 informa-
tion),’’;
(6) inserting ‘‘section 1361 (relating to willful
injury of government property), section 1363 (relat-
ing 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 Presi-
dential 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 vio-
lence against maritime fixed platforms),’’ after ‘‘sec-
tion 1958 (relating to use of interstate commerce fa-
cilities 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 destruc-
tion), 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 terror-
ists),’’ 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 PEN-
ALTIES.
(a) ENHANCEMENT OF PRIVACY ACT CRIMINAL PEN-
ALTIES.—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 DAM-
AGES.—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 TERROR-
ISM.
(a) SANCTIONS
AGAINST
SPONSORS
OF
INTER-
NATIONAL TERRORISM.—The Congress urges the Presi-
dent to commence immediately diplomatic efforts, both in
appropriate international fora including the United Na-
tions, 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 elimi-
nate international terrorist activities, including an assess-
ment of intelligence collection policies and practices which
affect the counterterrorism and antiterrorism activities of
the United States intelligence community and of the re-
sources provided the intelligence community for such ac-
tivities, 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 clas-
sified 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 Oc-
tober 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 At-
torney 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 provi-
sions 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 Insti-
tute 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 execu-
tive branch of the Government and possess the requisite
expertise in explosives technology. The study shall, in ad-
dition, 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 sub-
section (a), the Director shall submit the study to the Con-
gress. If the results of the study conducted under sub-
section (a) indicate that the taggants—
(1) will not pose a risk to human life or safety;
(2) will substantially assist law enforcement of-
ficers 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 in-
clusion;
then the Director may submit to Congress recommenda-
tions 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 com-
mission to be known as the National Commission on Ter-
rorism (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 per-
sons specially qualified by training and experi-
ence 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 Lead-
er 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 ap-
pointing authorities shall make their appoint-
ments 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 des-
ignate a chairman from the members of the
Commission. The Speaker of the House of Rep-
resentatives and the Majority Leader of the
Senate shall jointly designate a Vice Chairman
from the members of the Commission.
(D) PERIOD
OF
APPOINTMENT; VACAN-
CIES.—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 Commis-
sion 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 Commis-
sion who are private United States citizens. Such clear-
ances 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 pre-
scribed 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 provi-
sions 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 appro-
priateness of Federal efforts to prevent, detect,
investigate, and prosecute acts of terrorism, in-
cluding—
(i) 
the 
coordination 
of
counterterrorism efforts among Federal de-
partments and agencies, and Federal co-
ordination of law enforcement with State
and local law enforcement in responding to
terrorist threats and acts;
(ii) the ability and utilization of coun-
terintelligence efforts to infiltrate and dis-
able or disrupt international terrorist orga-
nizations and their activities;
(iii) the impact of Federal immigra-
tion laws and policies on acts of terrorism
transcending national boundaries;
(iv) the effectiveness of present regu-
lations and practices relating to civil avia-
tion safety and security to prevent acts of
terrorism, to include a study of the desir-
ability of assigning, on a permanent basis,
personnel of the Federal Bureau of Inves-
tigation at high-risk airports, and a study
of the practicality and desirability of trans-
ferring authority for United States airport
security to an entity other than the Fed-
eral Aviation Administration;
(v) the extent and effectiveness of
present cooperative efforts with foreign na-
tions 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 author-
ity previously provided by Congress for the
implementation 
of 
enhanced
counterterrorism activities and the reasons
why these resources have not been ex-
pended 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 en-
hanced human intelligence capabilities; and
(E) to examine all present laws relating to
the collection and dissemination of personal in-
formation 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 Commis-
sion, 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 sub-
mission of the report required by subparagraph
(C), the Commission may issue such interim re-
ports as it finds necessary and desirable.
(C) FINAL
REPORT.—No later than 6
months after the first meeting of the Commis-
sion, the Commission shall submit to the Presi-
dent 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 leg-
islation that the Commission considers advis-
able. 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 di-
rection, 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 admin-
ister 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 intel-
ligence agency or from any other Federal depart-
ment or agency any information that the Commis-
sion 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 Com-
mission, unless the head of the department or agen-
cy determines that doing so would threaten national
security, the health or safety of any individual, or
the integrity of an ongoing investigation or prosecu-
tion.
(3) POSTAL, PRINTING
AND
BINDING
SERV-
ICES.—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 Gov-
ernment.
(4) SUBCOMMITTEES.—The Commission may
establish panels composed of less than the full mem-
bership of the Commission for the purpose of carry-
ing 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 un-
less approved by the Commission.
(5) AUTHORITY OF INDIVIDUALS TO ACT FOR
COMMISSION.—Any member or agent of the Com-
mission 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 mem-
ber 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 perform-
ance 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, includ-
ing per diem in lieu of subsistence, at rates author-
ized 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 provi-
sions 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 pro-
visions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relat-
ing 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 person-
nel 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 as-
sist it in carrying out its administrative and clerical
functions.
(5) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairman of the Commis-
sion may procure temporary and intermittent serv-
ices 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 com-
pensation, travel expenses, per diem allowances of mem-
bers 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 Com-
mission shall terminate 1 month after the date of the sub-
mission of the report required by subsection (f)(2)(C).
Passed the House of Representatives August 2,
1996.
Attest:
Clerk.