110 HR 7007 IH: National Commission on American U.S. House of Representatives 2008-09-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7007 IN THE HOUSE OF REPRESENTATIVES September 23, 2008 Mr. Ackerman (for himself, Mr. McCotter, Mr. Kanjorski, and Mr. Wolf) introduced the following bill; which was referred to the Committee on Science and Technology, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the American Cybersecurity Commission to investigate the current threats to the cybersecurity of American business and infrastructure from foreign entities.

1.

Short Title

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

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.

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.

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.

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.

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.

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.

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).