To establish the American Cybersecurity Commission to investigate the current threats to the cybersecurity of American business and infrastructure from foreign entities.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission on American 
Cybersecurity Act of 2008''.

SEC. 2. ESTABLISHMENT OF THE COMMISSION.

    There is established a commission to be known as the ``National 
Commission on American Cybersecurity'' (hereinafter in this Act 
referred to as the ``Commission''.

SEC. 3. DUTIES OF THE COMMISSION.

    The duties of the Commission shall be--
            (1) to analyze the cybersecurity of American business, 
        national infrastructure, and United States Government non-
        military and non-national security related computer systems 
        against compromise from foreign entities, both governmental and 
        private;
            (2) to assess the current effectiveness of those American 
        institutions and National infrastructure in remaining secure 
        against foreign interference; and
            (3) to recommend a comprehensive cybersecurity strategy for 
        American business, national infrastructure, and United States 
        Government non-military and non-national security related 
        computer systems.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 13 
members as follows:
            (1) 1 member, who shall serve as the chairman of the 
        Commission, appointed by the Speaker of the House of 
        Representatives.
            (2) 2 members appointed by the majority leader of the House 
        of Representatives.
            (3) 2 members appointed by the minority leader of the House 
        of Representatives.
            (4) 2 members appointed by the majority leader of the 
        Senate.
            (5) 2 members appointed by the minority leader of the 
        Senate.
            (6) 4 members appointed by the President.
    (b) Qualifications.--
            (1) Expertise.--Each member of the Commission shall be 
        appointed on the basis of recognized expertise, experience, or 
        familiarity with computers, the internet, or the security 
        issues specified in section 3.
            (2) Non-government sector.--Members of the Commission may 
        not be officers, employees, or elected officials of any 
        government while serving as members of the Commission.
    (c) Political Party Affiliation.--Not more than 7 members of the 
Commission shall be from the same political party.
    (d) Continuation of Membership.--If a member was appointed to the 
Commission because the member was not an officer, employee, or elected 
official of any government and later becomes such an officer, employee, 
or official, that member may continue as a member of the Commission for 
not longer than the 60-day period beginning on the date that member 
becomes such an officer, employee, or official, as the case may be.
    (e) Terms.--Each member shall be appointed for the life of the 
Commission.
    (f) Basic Pay.--To the extent or in the amounts provided in advance 
in appropriation Acts, each member of the Commission may be compensated 
at a level not to exceed the daily equivalent of the annual rate of 
basic pay in effect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day during which that member is engaged in the actual performance of 
the duties of the Commission.
    (g) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (h) Quorum.--7 members of the Commission shall constitute a quorum, 
but a lesser number may hold hearings.
    (i) Meetings.--The Commission shall meet upon the call of the 
chairman or a majority of its members.

SEC. 5. STAFF OF COMMISSION.

            (1) Director.--The Chairman of the Commission, in 
        accordance with the rules agreed upon by the Commission, may 
        appoint a Director. The Director shall be paid at a rate not to 
        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.
            (2) Staff.--The Chairman of the Commission, in accordance 
        with rules agreed upon by the Commission, may appoint and fix 
        the compensation of additional personnel as may be necessary to 
        enable the Commission to carry out its functions, without 
        regard 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 relating to classification and general 
        schedules pay rates; except that no rate of pay fixed under 
        this paragraph 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) Experts and consultants.--Subject to rules prescribed 
        by the Commission, the Commission may procure temporary and 
        intermittent services under section 3109(b) or title 5, United 
        States Code, but at rates for individuals not to exceed the 
        daily rate paid to a person occupying a position at level IV of 
        the Executive Schedule under section 5315 of title 5, United 
        States Code.
            (4) 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. POWERS OF COMMISSION.

    (a) 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.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) 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 the request of the 
Chairperson, the head of that department or agency shall furnish that 
information to the Commission.
    (d) Administrative Support Services.--Upon the request of the 
Commission, 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 its responsibilities 
under this Act.
    (e) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter which the 
        Commission is empowered to investigate. The attendance of 
        witnesses and the production 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 person refuses to 
        obey a subpoena issued under paragraph (1) of this subsection, 
        the Commission may apply to a United States district court for 
        an order requiring that person to appear before the Commission 
        to give testimony, 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 by a United States 
        District court under the Federal Rules of Civil Procedure for 
        the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) of this subsection may 
        be served in the judicial district in which the person required 
        to be served resides or may be found.
    (f) Immunity.--The Commission is an agency of the United States for 
the purpose of part V of title 18, United States Code. A person may not 
be excused from testifying or from producing evidence pursuant to a 
subpoena on the ground that the testimony or evidence required by the 
subpoena may tend to incriminate or subject that person to criminal 
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any 
transaction, matter, or thing which that person is compelled to testify 
about or produce evidence relating to, except that the person may be 
prosecuted for perjury committed during the testimony or made in the 
evidence.

SEC. 7. REPORTS.

    (a) Interim Reports.--The Commission may submit to the President 
and the Congress interim reports as the Commission considers 
appropriate.
    (b) Final Reports.--The Commission shall transmit a final report to 
the President and the Congress not later than 24 months after the 
Commission's first meeting. The final report shall contain a detailed 
statement of the findings and conclusions of the Commission, together 
with its recommendations.
    (c) Reports Available to the Public.--All findings and reports 
issued by the Commission shall be made available to the public.

SEC. 8. TERMINATION.

    The Commission, and all the authorities of this Act, shall 
terminate 30 days after the date on which the final report is submitted 
under section 7(b).

Summary: National Commission on American Cybersecurity Act of 2008 - Establishes the National Commission on American Cybersecurity to analyze the cybersecuirty of American business, national infrastructure, and U.S. Government non-military and non-national security related computer systems and to recommend a comprehensive cybersecurity strategy for those systems.