(3) Four members appointed by the minority
leader of the House of Representatives.
(4) Four members appointed by the majority
leader of the Senate.
(5) Four members appointed by the minority
leader of the Senate.
(b) QUALIFICATIONS.—Members of the Commission
shall include individuals with expertise in information
technology and security, civil liberties issues, and law en-
forcement issues.
(c) DEADLINE FOR APPOINTMENT.—Members shall
be appointed not later than 60 days after the date of the
enactment of this Act.
(d) TERMS.—Each member shall be appointed for the
life of the Commission.
(e) PAY.—Members shall serve without pay, but each
member shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable provi-
sions under subchapter I of chapter 57 of title 5, United
States Code.
(f) CHAIRPERSON.—The Assistant to the President
for Homeland Security shall be the Chairperson of the
Commission.
SEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION;
EXPERTS AND CONSULTANTS.
(a) EXECUTIVE DIRECTOR.—The Commission shall
have an Executive Director who shall be appointed by the
Commission. The Executive Director shall be paid at the
rate of basic pay for level IV of the Executive Schedule.
(b) STAFF.—The Commission may appoint and fix
the pay of additional personnel as it considers appropriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Executive Director and staff of the Commis-
sion may be appointed without regard to the provisions
of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the annual rate of basic
pay for GS–15 of the General Schedule.
(d) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the Commission, 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 carrying out its duties under this Act.
SEC. 6. HEARINGS AND SESSIONS.
The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission
considers appropriate. The Commission shall hold a min-
imum of eight hearings, including hearings in California,
New York, Texas, Illinois, and Florida.
SEC. 7. ADDITIONAL POWERS OF COMMISSION.
(a) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is au-
thorized to take by this section.
(b) OBTAINING OFFICIAL DATA.—The Commission
may secure directly from any department or agency of the
United States information necessary to enable it to carry
out this Act. Upon request of the Chairperson of the Com-
mission, the head of that department or agency shall fur-
nish that information to the Commission.
(c) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the Com-
mission. Gifts, bequests, or devises of money and proceeds
from sales of other property received as gifts, bequests,
or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities
under this Act.
(f) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Com-
mission. The attendance of witnesses and the pro-
duction of evidence may be required from any place
within the United States at any designated place of
hearing within the United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial district where the hearing
is conducted or where 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
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is made under paragraph
(2) may be served in the judicial district in which
the person required to be served resides or may be
found.
(g) IMMUNITY.—The Commission is an agency of the
United States for the purpose of part V of title 18, United
States Code (relating to immunity of witnesses). Except
as provided in this subsection, a person may not be ex-
cused from testifying or from producing evidence pursuant
to a subpoena on the ground that the testimony or evi-
dence required by the subpoena may tend to incriminate
or subject that person to criminal prosecution. A person,
after having claimed the privilege against self-incrimina-
tion, may not be criminally prosecuted by reason of any
transaction, matter, or thing which that person is com-
pelled to testify about or produce evidence relating to, ex-
cept that the person may be prosecuted for perjury com-
mitted during the testimony or made in the evidence.
SEC. 8. REPORT.
The Commission shall transmit a report to the Presi-
dent and Congress not later than 14 months after the date
of the enactment of this Act containing a detailed state-
ment of the findings and conclusions of the Commission,
together with recommendations for legislation and admin-
istrative actions that the Commission considers appro-
priate.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after sub-
mitting its final report pursuant to section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
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