(C) The impact of Federal legislation en-
acted since September 11, 2001, or pending be-
fore the Congress, on civil liberties. 
(D) The likely effectiveness of existing 
technologies for analyzing public and private 
sources of data and information to identify ter-
rorists and prevent terrorist acts. 
(c) FIELD HEARINGS.—
(1) IN GENERAL.—The Commission shall con-
duct at least 2 field hearings in each of the 5 geo-
graphical regions of the United States. 
(2) DETERMINATION
OF
REGIONS.—For pur-
poses of this subsection, the Commission may deter-
mine the boundaries of the 5 geographical regions of 
the United States. 
(d) REPORT.—
(1) IN GENERAL.—No later than 24 months 
after the date on which the Commission first meets, 
the Commission shall submit to the President and 
the Congress a comprehensive report of the Commis-
sion’s findings, recommendations, and conclusions. 
Such report shall include a summary of the report 
submitted to the Commission by the National Re-
search Council under subsection (g)(9), and a sum-
mary of any other material relied on by the Commis-
sion in the preparation of its report. 
(2) RECOMMENDATIONS.—The report under 
paragraph (1) shall include recommendations re-
garding the following: 
(A) Steps Federal agencies should take 
when considering new homeland security tech-
nologies to ensure that privacy implications are 
adequately considered before such technologies 
are implemented. 
(B) Whether additional legislation is nec-
essary to reform or augment current laws and 
regulations relating to privacy and homeland se-
curity, including specific reform proposals and 
an analysis of the financial costs of any pro-
posed changes. 
(C) Safeguards and protection that should 
be in place when the Federal Government uses 
an individual’s personally identifiable informa-
tion obtained from a commercial database or a 
list for counterterrorism and homeland security 
purposes. 
(3) ADDITIONAL
REPORT.—The Commission 
shall submit to the Congress and the President, with 
the report under paragraph (1), any additional re-
port of dissenting opinions or minority views by any 
member of the Commission. 
(4) INTERIM REPORT.—The Commission may 
submit to the Congress and the President interim 
reports approved by a majority of the members of 
the Commission. 
(e) STRUCTURE OF COMMISSION.—
(1) MEMBER AND APPOINTMENT.—The Com-
mission shall be composed of 10 members appointed 
as follows: 
(A) 1 member appointed by the President, 
who shall be the chairperson of the Commis-
sion. 
(B) 1 member appointed jointly by the mi-
nority leader of the House of Representatives 
and the minority leader of the Senate, who shall 
be the vice chairperson of the Commission. 
(C) 2 members appointed by the majority 
leader of the House of Representatives. 
(D) 2 members appointed by the minority 
leader of the House of Representatives. 
(E) 2 members appointed by the majority 
leader of the Senate. 
(F) 2 members appointed by the minority 
leader of the Senate.
(2) QUALIFICATIONS
OF
MEMBERS.—The ap-
pointing authorities under subsection (1) shall seek 
to ensure that the membership of the Commission 
has a diversity of views and experiences on the mat-
ters to be studied by the Commission, including 
views and knowledge of law, civil rights and liberties, 
privacy matters, homeland security, information 
technology, security, database integration, and law 
enforcement. 
(3) DATE OF APPOINTMENT.—The appointment 
of the members of the Commission shall be made not 
later than 30 days after the date of the enactment 
of this Act. 
(4) TERMS.—Each member of the Commission 
shall be appointed for the life of the Commission. 
(5) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the same manner in which the 
original appointment was made. 
(6) 
COMPENSATION; 
TRAVEL
EXPENSES.—
Members of the Commission shall serve without pay, 
but shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code. 
(7) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum for pur-
poses of conducting business, except that 2 members 
of the Commission shall constitute a quorum for 
purposes of conducting a hearing. 
(8) MEETINGS.—
(A) IN GENERAL.—The Commission shall 
meet at the call of the Chairperson or a major-
ity of its members. 
(B) INITIAL MEETING.—Not later than 45 
days after the date of the enactment of this 
Act, the Commission shall hold its initial meet-
ing. 
(f) DIRECTOR; STAFF; EXPERTS
AND CONSULT-
ANTS.—
(1) DIRECTOR.—
(A) APPOINTMENT.—Not later than 60 
days after the date of the enactment of this 
Act, the Commission shall appoint a Director, 
without regard to the provisions of title 5, 
United States Code, governing appointments to 
the competitive service. 
(B) PAY.—The Director shall be paid at 
the rate payable for level III of the Executive 
Schedule established under section 5314 of such 
title. 
(2) STAFF.—
(A) APPOINTMENT.—The Director may 
appoint such staff as the Director determines 
appropriate, without regard to the provisions of 
title 5, United States Code, governing appoint-
ments in the competitive service. 
(B) PAY.—The staff of the Commission 
shall be paid in accordance with the provisions 
of chapter 51 and subchapter III of chapter 53 
of title 5, United States Code, relating to classi-
fication and General Schedule pay rates, but at 
rates not in excess of the maximum rate for 
grade GS–15 of the General Schedule under 
section 5332 of that title. 
(3) EXPERTS AND CONSULTANTS.—The Direc-
tor may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code. 
(4) DETAILEES.—
(A) IN
GENERAL.—Upon request of the 
Director, the head of any Federal department 
or agency may detail, on a reimbursable basis, 
any of the personnel of that department or 
agency to the Commission to assist it in car-
rying out this Act. 
(B) NOTICE.—Before making a request 
under this paragraph, the Director shall give
notice of the request to each member of the 
Commission. 
(g) POWERS OF COMMISSION.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this Act, 
hold hearings, sit and act at times and places, take 
testimony, and receive evidence to carry out its du-
ties under subsection (b). The Commission may ad-
minister oaths or affirmations to witnesses appear-
ing before it. 
(2) POWERS OF MEMBERS AND AGENTS.—Any 
member or agent of the Commission may, if author-
ized by the Commission, take any action which the 
Commission is authorized to take by this section. 
(3) OBTAINING OFFICIAL INFORMATION.—
(A) REQUIREMENT TO FURNISH.—Except 
as provided in subparagraph (B), if the Com-
mission submits a request to a Federal depart-
ment or agency for information necessary to en-
able the Commission to carry out this Act, the 
head of that department or agency shall furnish 
that information to the Commission. 
(B) EXCEPTION
FOR
NATIONAL
SECU-
RITY.—If the head of a Federal department or 
agency determines that it is necessary to with-
hold requested information from disclosure to 
protect the national security interests of the 
United States, the department or agency head 
shall not furnish that information to the Com-
mission. 
(4) MAILS.—The Commission may use the 
United States mails in the same manner and under 
the same conditions as other departments and agen-
cies of the United States. 
(5) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Director, the Administrator 
of General Services shall provide to the Commission, 
on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out 
this section. 
(6) GIFTS AND DONATIONS.—The Commission 
may accept, use, and dispose of gifts or donations of 
services or property to carry out this Act, but only 
to the extent or in the amounts provided in advance 
in appropriation Acts. 
(7) CONTRACTS.—The Commission may con-
tract with and compensate persons and government 
agencies for supplies and services, without regard to 
section 3709 of the Revised Statutes (41 U.S.C. 5). 
(8) SUBPOENA POWER.—
(A) IN
GENERAL.—If a Federal depart-
ment or agency or any other person fails to 
supply information requested by the Commis-
sion, the Commission may require by subpoena 
the production of the information. The Commis-
sion shall transmit to the Attorney General a 
written notice at least 10 days in advance of 
the issuance of any such subpoena. A subpoena 
under this paragraph may require the produc-
tion of materials from any place within the 
United States. 
(B) INTERROGATORIES.—The Commission 
may, with respect only to information necessary 
to understand any materials obtained through a 
subpoena under paragraph (A), issue a sub-
poena requiring the person producing such ma-
terials to answer, either through a sworn depo-
sition or through written answers provided 
under oath (at the election of the person upon 
whom the subpoena is served), interrogatories 
from the Commission regarding such informa-
tion. A complete recording or transcription shall 
be made of any deposition made under this 
paragraph.
(C) CERTIFICATION.—Each person who 
submits materials or information to the Com-
mission pursuant to a subpoena issued under 
subparagraph (A) or (B) shall certify to the 
Commission the authenticity and completeness 
of all materials or information submitted. 
(D) TREATMENT
OF
SUBPOENAS.—Any 
subpoena issued by the Commission under sub-
paragraph (A) or (B) shall comply with require-
ments for subpoenas issued by a United States 
district court under the Federal Rules of Civil 
Procedure. 
(E) FAILURE TO OBEY A SUBPOENA.—If a 
person refuses to obey a subpoena issued by the 
Commission under subparagraph (A) or (B), 
the Commission may apply to a United States 
district court for an order requiring that person 
to comply with such subpoena. The application 
may be made within the judicial district in 
which that person is found, resides, or transacts 
business. Any failure to obey the order of the 
court may be punished by the court as civil con-
tempt. 
(9) ARRANGEMENTS
WITH
NATIONAL
RE-
SEARCH COUNCIL.—
(A) IN GENERAL.—In carrying out its du-
ties under subsection (b), the Commission shall 
arrange with the National Research Council of 
the National Academy of Sciences for assist-
ance in conducting the studies required by the 
Commission under subsection (b)(2), including 
performance of the analysis required under sub-
section (b)(2)(C). 
(B) REPORT.—The arrangements entered 
into under (A) shall require that the National 
Research Council submit a report to the Com-
mission detailing the results of its efforts no 
later than 15 months after the date on which 
the Commission first meets. 
(C) USE OF FUNDS.—Of amounts appro-
priated to carry out this section, up to 
$750,000 shall be available to the Commission 
to carry out this paragraph. 
(h) BUDGET ACT COMPLIANCE.—Any new contract 
authority authorized by this section shall be effective only 
to the extent or in the amounts provided in advance in 
appropriation Acts. 
(i) PRIVACY PROTECTIONS.—
(1) DESTRUCTION
OR
RETURN
OF
INFORMA-
TION REQUIRED.—Upon the conclusion of the mat-
ter or need for which individually identifiable infor-
mation was disclosed to the Commission, the Com-
mission shall either destroy the individually identifi-
able information or return it to the person or entity 
from which it was obtained, unless the individual 
that is the subject of the individually identifiable in-
formation has authorized its disclosure. 
(2) DISCLOSURE
OF
INFORMATION
PROHIB-
ITED.—Any individual employed by an individual, 
entity, or organization under contract to the Com-
mission shall be considered an employee of the Com-
mission for the purposes of section 1905 of title 18, 
United States Code. 
(3) PROPRIETARY BUSINESS INFORMATION AND 
FINANCIAL
INFORMATION.—The Commission shall 
protect from improper use, and may not disclose to 
any person, proprietary business information and 
proprietary financial information that may be viewed 
or obtained by the Commission in the course of car-
rying out its duties under this section. 
(4) INDIVIDUALLY IDENTIFIABLE INFORMATION 
DEFINED.—For the purposes of this section, the 
term ‘‘individually identifiable information’’ means 
any information, whether oral or recorded in any 
form or medium, that identifies an individual, or
with respect to which there is a reasonable basis to 
believe that the information can be used to identify 
an individual. 
(j) TERMINATION OF COMMISSION.—The Commis-
sion shall terminate 30 days after submitting a report 
under subsection (d)(1). 
(k) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be 
appropriated to the Commission $4,750,000 to carry 
out this Act. 
(2) AVAILABILITY.—Any sums appropriated 
pursuant to the authorization in subsection (a) shall 
remain available until expended.
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