that year shall be included in the grouping evaluated 
under subsection (b)(1) in the following year; and 
(2) if the termination occurs in 2014, the 
grouping of agencies and programs evaluated that 
year shall be subject again during the next year to 
the process by which agencies and programs may be 
selected for realignment or elimination under this 
Act as provided in this section. 
SEC. 5. POWERS OF THE COMMISSION. 
(a) HEARINGS.— 
(1) IN GENERAL.—The Commission or, at its 
direction, any subcommittee or member of the Com-
mission, may, for the purpose of carrying out this 
Act— 
(A) hold such hearings, sit and act at such 
times and places, take such testimony, receive 
such evidence, and administer such oaths as 
any member of the Commission considers advis-
able; 
(B) require, by subpoena or otherwise, the 
attendance and testimony of such witnesses as 
any member of the Commission considers advis-
able; and 
(C) require, by subpoena or otherwise, the 
production of such books, records, correspond-
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ence, memoranda, papers, documents, tapes, 
and other evidentiary materials relating to any 
matter under investigation by the Commission. 
(2) MEMBERS OF CONGRESS.—Any member of 
Congress may testify before the Commission or at-
tend any proceedings or deliberations of the Com-
mission. 
(3) TESTIMONY UNDER OATH.—All testimony 
before the Commission shall be under oath. 
(b) 
ISSUANCE
AND
ENFORCEMENT
OF
SUB-
POENAS.— 
(1) ISSUANCE.—Subpoenas issued under sub-
section (a) shall bear the signature of the chairman 
of the Commission and shall be served by any person 
or class of persons designated by the chairman for 
that purpose. 
(2) ENFORCEMENT.—In the case of contumacy 
or failure to obey a subpoena issued under sub-
section (a), the United States district court for the 
judicial district in which the subpoenaed person re-
sides, is served, or may be found, may issue an order 
requiring such person to appear at any designated 
place to testify or to produce documentary or other 
evidence. Any failure to obey the order of the court 
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may be punished by the court as a contempt of that 
court. 
(c) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this Act. Upon request of 
the chairman of the Commission, the head of such depart-
ment or agency shall furnish such information to the Com-
mission. 
(d) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as other departments and agencies of 
the Federal Government. 
SEC. 6. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.— 
(1) NON-FEDERAL MEMBERS.—Except as pro-
vided under subsection (b), each member of the 
Commission who is not an officer or employee of the 
Federal Government shall not be compensated. 
(2) FEDERAL OFFICERS OR EMPLOYEES.—All 
members of the Commission who are officers or em-
ployees of the United States shall serve without com-
pensation in addition to that received for their serv-
ices as officers or employees of the United States. 
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(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employ-
ees 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. 
(c) STAFF.— 
(1) IN GENERAL.—The chairman of the Com-
mission may, without regard to the civil service laws 
and regulations, appoint and terminate an executive 
director and such other additional personnel as may 
be necessary to enable the Commission to perform 
its duties. The employment of an executive director 
shall be subject to confirmation by the Commission. 
(2) COMPENSATION.—Upon the approval of the 
chairman, the executive director may fix the com-
pensation of the executive director and other per-
sonnel without regard to chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, re-
lating to classification of positions and General 
Schedule pay rates, except that the rate of pay for 
the executive director and other personnel may not 
exceed the maximum rate payable for a position at 
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GS–15 of the General Schedule under section 5332 
of such title. 
(3) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—The executive director 
and any personnel of the Commission who are 
employees shall be employees under section 
2105 of title 5, United States Code, for pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) shall not be construed to apply to 
members of the Commission. 
(d) 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. 
(e) SECURITY CLEARANCE.—As a condition of ap-
pointment to or employment with the Commission, the 
members and staff of the Commission shall hold appro-
priate security clearances for access to any classified brief-
ing, records, and materials that may be reviewed by the 
Commission or its staff and shall follow the guidance and 
practices on security under applicable Executive orders 
and agency directives. 
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