[Congressional Record (Bound Edition), Volume 148 (2002), Part 10]
[House]
[Pages 14361-14364]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of the rule XVIII, propose amendments were submitted 
as follows:

                               H.R. 5005

                         Offered By: Mr. Roemer

       Amendment No. 4: Amend title II to read as follows:

 TITLE II--DIRECTORATES OF INTELLIGENCE AND OF CRITICAL INFRASTRUCTURE 
                               PROTECTION

     SEC. 201. DIRECTORATE OF INTELLIGENCE.

       (a) Establishment.--
       (1) Directorate.--
       (A) In general.--There is established a Directorate of 
     Intelligence which shall serve as a national-level focal 
     point for the analysis of all information available to the 
     United States Government for the purpose of preventing, 
     deterring, protecting against, preparing for, and responding 
     to threats of terrorism against the United States and other 
     threats to homeland security.
       (B) Support to directorate.--The Directorate of 
     Intelligence shall be supported by--
       (i) the Federal Bureau of Investigation;
       (ii) the intelligence community as defined under section 
     3(4) of the National Security Act of 1947 (50 U.S.C. 401a) 
     including the Office of the Director of Central Intelligence, 
     the National Intelligence Council, the Central Intelligence 
     Agency, the National Security Agency, the Defense 
     Intelligence Agency, the National Imagery and Mapping Agency, 
     the National Reconnaissance Office, and the Bureau of 
     Intelligence and Research of the Department of State; and
       (iii) other agencies or entities, including those within 
     the Department, as determined by the Secretary.
       (2) Under secretary.--There shall be an Under Secretary for 
     Intelligence who shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       (b) Responsibilities.--The Directorate of Intelligence 
     shall be responsible for the following:
       (1) Receiving and analyzing law enforcement information, 
     intelligence, and other information in order to understand 
     the nature and scope of threats to the homeland and to detect 
     and identify threats of terrorism against the United States 
     and other threats to homeland security.
       (2) Ensuring timely and efficient access by the Directorate 
     to--
       (A) information from agencies described under subsection 
     (a)(1)(B), State and local governments, local law enforcement 
     and intelligence agencies, private sector entities; and
       (B) open source information.
       (3) Working with the Director of Central Intelligence and 
     the agencies described under subsection (a)(1)(B), to 
     establish overall collection priorities and strategies for 
     information, including law enforcement-related information, 
     relating to threats of terrorism against the United States 
     and other threats to homeland security.
       (4) Directing the agencies described under subsection 
     (a)(1)(B), on behalf of the Secretary and subject to 
     disapproval by the President, on a case-by-case basis, to 
     provide additional information relating to threats of 
     terrorism against the United States and other threats to 
     homeland security.
       (5) Disseminating information to the Directorate of 
     Critical Infrastructure Protection, the agencies described 
     under subsection (a)(1)(B), State and local governments, 
     local law enforcement and intelligence agencies, and private 
     sector entities to assist in the deterrence, prevention, 
     preemption, and response to threats of terrorism against the 
     United States and other threats to homeland security.
       (6) Establishing and utilizing, in conjunction with the 
     Chief Information Officer of the Department, and in 
     conjunction with the appropriate officers at the agencies 
     described under subsection (a)(1)(B), a secure communications 
     and information technology infrastructure, including data 
     mining and other advanced analytical tools, to permit the 
     Directorate's analysts to access, receive, and analyze law 
     enforcement, intelligence, and other information in the 
     possession of agencies, to the extent that such information 
     may lawfully be obtained from State and local governments, 
     local law enforcement and intelligence agencies, and private 
     sector entities.
       (7) Developing, in conjunction with the Chief Information 
     Officer of the Department, and in conjunction with 
     appropriate officers at the agencies described under 
     subsection (a)(1)(B) appropriate software, hardware, and 
     other information technology, and security and formatting 
     protocols, to ensure that the Federal Government databases 
     and information technology systems containing information 
     relevant to terrorist threats, and other threats against the 
     United States, are--

[[Page 14362]]

       (A) compatible with the secure communications and 
     information technology infrastructure referred to under 
     paragraph (6); and
       (B) comply with Federal laws concerning privacy and the 
     prevention of unauthorized disclosure.
       (8) Ensuring, in conjunction with the Director of Central 
     Intelligence and the Attorney General, that all material 
     received by the Department related to threats of terrorism 
     against the United States and other threats to homeland 
     security is protected against unauthorized disclosure and is 
     utilized by the Department only in the course and for the 
     purposes of fulfillment of official duties, and is 
     transmitted, retained, handled, and disseminated consistent 
     with--
       (A) the authority of the Director of Central Intelligence 
     to protect intelligence sources and methods from unauthorized 
     disclosure under the National Security Act of 1947 (50 U.S.C. 
     401 et seq.) and related procedures; or
       (B) as appropriate, similar authorities of the Attorney 
     General concerning sensitive law enforcement information, and 
     the privacy interests of United States persons as defined 
     under section 101 of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1801).
       (9) Referring, through the Secretary, to the appropriate 
     law enforcement or intelligence agency, intelligence and 
     analysis requiring further investigation or action.
       (10) Providing training and other support as necessary to 
     providers of information to the Department, or consumers of 
     information from the Department, to allow such providers or 
     consumers to identify and share intelligence information 
     revealed in their ordinary duties or utilize information 
     received from the Department.
       (11) Reviewing, analyzing, and making recommendations 
     through the Secretary for improvements in the policies and 
     procedures governing the sharing of law enforcement, 
     intelligence, and other information relating to threats of 
     terrorism against the United States and other threats to 
     homeland security within the Federal government and between 
     the Federal government and State and local governments, local 
     law enforcement and intelligence agencies, and private sector 
     entities.
       (12) Assisting and supporting the Secretary in conducting 
     threat and vulnerability assessments and risk analyses in 
     coordination with other appropriate entities, including the 
     Office of Risk Analysis and Assessment in the Directorate of 
     Science and Technology.
       (13) Performing other related and appropriate duties as 
     assigned by the Secretary.
       (c) Access to Information.--
       (1) In general.--The Secretary shall have access to, and 
     agencies described under subsection (a)(1)(B) shall provide, 
     all law enforcement, intelligence, and other information in 
     the possession of agencies described under subsection 
     (a)(1)(B) relating to threats of terrorism against the United 
     States and other threats to homeland security, including all 
     reports, assessments, analytical information, and unevaluated 
     data the Secretary determines necessary in order to fulfill 
     the responsibilities of the Secretary, except when the 
     President determines otherwise in writing. If there is 
     uncertainty to an agency possessing certain information as to 
     the relevance of that information, that agency shall provide 
     that information to the Secretary who shall determine the 
     relevance of the information, except when the President 
     determines otherwise in writing.
       (2) Obtaining information.--The Secretary may obtain 
     information described under paragraph (1) by directing 
     agencies described under subsection (a)(1)(B) to provide such 
     information in such form and at such intervals as the 
     Secretary determines necessary to fulfill the 
     responsibilities of the Secretary under this division. 
     Agencies shall provide the Secretary with information through 
     secure means, including direct access to specific databases, 
     and through secure communications and information technology 
     infrastructure, consistent with the protection of such 
     information from unauthorized disclosure.
       (3) Agreements.--To facilitate access to information under 
     this subsection, the Secretary may enter into cooperative 
     arrangements or memoranda of understanding with agencies 
     described under subsection (a)(1)(B), State and local 
     governments, local law enforcement and intelligence agencies, 
     and private sector entities, as the Secretary determines 
     necessary and appropriate. Failure to reach an agreement 
     under this paragraph with the Secretary shall not constitute 
     grounds for an agency to withhold from the Secretary 
     information that the Secretary determines necessary for the 
     fulfillment of the responsibilities of the Secretary.
       (d) Authorization to Share Law Enforcement Information.--
     The Secretary shall be deemed to be a Federal law 
     enforcement, intelligence, protective, national defense, or 
     national security official for purposes of information 
     sharing provisions of--
       (1) section 203(d) of the USA PATRIOT Act of 2001 (Public 
     Law 107-56);
       (2) section 2517(6) of title 18, United States Code; and
       (3) rule 6(e)(3)(C) of the Federal Rules of Criminal 
     Procedure.
       (e) Additional Responsibilities.--The Under Secretary for 
     Intelligence shall also be responsible for--
       (1) developing intelligence about the means terrorists are 
     likely to use to exploit vulnerabilities in the homeland 
     security infrastructure;
       (2) developing and conducting experiments, tests, and 
     inspections to test weaknesses in homeland defenses;
       (3) developing methods to conduct counter-surveillance of 
     critical infrastructure and potential targets for terrorism 
     against the United States;
       (4) conducting risk assessments to determine the risk posed 
     by specific kinds of terrorist attacks, the probability of 
     successful attacks, and the feasibility of specific 
     countermeasures; and
       (5) working with the Directorate of Critical Infrastructure 
     Protection, other offices and agencies in the Department, 
     other agencies, State and local governments, local law 
     enforcement and intelligence agencies, and private sector 
     entities, to address vulnerabilities.
       (f) Management and Staffing.--
       (1) In general.--The Directorate of Intelligence shall be 
     staffed, in part, by analysts as requested by the Secretary 
     and assigned by the agencies described under subsection 
     (a)(1)(B). The analysts shall be assigned by reimbursable 
     detail for periods as determined necessary by the Secretary 
     in conjunction with the head of the assigning agency.
       (2) Employees assigned within the department.--The 
     Secretary may assign employees of the Department by 
     reimbursable detail to the Directorate.
       (3) Service as factor for selection.--The President, or the 
     designee of the President, shall prescribe regulations to 
     provide that service described under paragraph (1) or (2), or 
     service by employees within the Directorate shall be 
     considered a positive factor for selection to positions of 
     greater authority within all supporting agencies.
       (4) Personnel security standards.--The employment of 
     personnel in the Directorate shall be in accordance with such 
     personnel security standards for access to classified 
     information and intelligence as the Secretary, in conjunction 
     with the Director of Central Intelligence, shall establish 
     for this subsection.
       (5) Performance evaluation.--The Secretary shall evaluate 
     the performance of all personnel detailed to the Directorate, 
     or delegate such responsibility to the Under Secretary for 
     Intelligence.
       (g) Intelligence Community.--Those portions of the 
     Directorate of Intelligence that concern information analysis 
     under subsection (b)(1), and the intelligence-related 
     components of agencies transferred by this division to the 
     Department, including the United States Coast Guard, shall 
     be--
       (1) considered to be part of the United States intelligence 
     community within the meaning of section 3 of the National 
     Security Act of 1947 (50 U.S.C. 401a); and
       (2) for budgetary purposes, within the National Foreign 
     Intelligence Program.

     SEC. 202. DIRECTORATE OF CRITICAL INFRASTRUCTURE PROTECTION.

       (a) Establishment.--
       (1) Directorate.--There is established within the 
     Department the Directorate of Critical Infrastructure 
     Protection.
       (2) Under secretary.--There shall be an Under Secretary for 
     Critical Infrastructure Protection, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       (b) Responsibilities.--The Directorate of Critical 
     Infrastructure Protection shall be responsible for the 
     following:
       (1) Receiving relevant intelligence from the Directorate of 
     Intelligence, law enforcement information, and other 
     information in order to comprehensively assess the 
     vulnerabilities of the key resources and critical 
     infrastructures in the United States.
       (2) Integrating relevant information, intelligence 
     analysis, and vulnerability assessments (whether such 
     information, analyses, or assessments are provided by the 
     Department or others) to identify priorities and support 
     protective measures by the Department, by other agencies, by 
     State and local government personnel, agencies, and 
     authorities, by the private sector, and by other entities, to 
     protect the key resources and critical infrastructures in the 
     United States.
       (3) As part of the Strategy, developing a comprehensive 
     national plan for securing the key resources and critical 
     infrastructure in the United States.
       (4) Establishing specialized research and analysis units 
     for the purpose of processing intelligence to identify 
     vulnerabilities and protective measures in--
       (A) public health;
       (B) food and water storage, production and distribution;
       (C) commerce systems, including banking and finance;
       (D) energy systems, including electric power and oil and 
     gas production and storage;
       (E) transportation systems, including pipelines;
       (F) information and communication systems;
       (G) continuity of government services; and

[[Page 14363]]

       (H) other systems or facilities the destruction or 
     disruption of which could cause substantial harm to health, 
     safety, property, or the environment.
       (5) Enhancing the sharing of information regarding cyber 
     security and physical security of the United States, 
     developing appropriate security standards, tracking 
     vulnerabilities, proposing improved risk management policies, 
     and delineating the roles of various Government agencies in 
     preventing, defending, and recovering from attacks.
       (6) Acting as the Critical Information Technology, 
     Assurance, and Security Officer of the Department and 
     assuming the responsibilities carried out by the Critical 
     Infrastructure Assurance Office and the National 
     Infrastructure Protection Center before the effective date of 
     this division.
       (7) Coordinating the activities of the Information Sharing 
     and Analysis Centers to share information, between the public 
     and private sectors, on threats, vulnerabilities, individual 
     incidents, and privacy issues regarding United States 
     homeland security.
       (8) Coordinating with the Federal Communications Commission 
     in helping to establish cyber security policy, standards, and 
     enforcement mechanisms and working closely with the Federal 
     Communications Commission on cyber security issues with 
     respect to international bodies.
       (9) Establishing the necessary organizational structure 
     within the Directorate to provide leadership and focus on 
     both cyber security and physical security, and ensuring the 
     maintenance of a nucleus of cyber security and physical 
     security experts within the United States Government.
       (10) Performing such other duties as assigned by the 
     Secretary.
       (c) Transfer of Authorities, Functions, Personnel, and 
     Assets to the Department.--The authorities, functions, 
     personnel, and assets of the following entities are 
     transferred to the Department:
       (1) The Critical Infrastructure Assurance Office of the 
     Department of Commerce.
       (2) The National Infrastructure Protection Center of the 
     Federal Bureau of Investigation (other than the Computer 
     Investigations and Operations Section).
       (3) The National Communications System of the Department of 
     Defense.
       (4) The Computer Security Division of the National 
     Institute of Standards and Technology of the Department of 
     Commerce.
       (5) The National Infrastructure Simulation and Analysis 
     Center of the Department of Energy.
       (6) The Federal Computer Incident Response Center of the 
     General Services Administration.
       (7) The Energy Security and Assurance Program of the 
     Department of Energy.
       (8) The Federal Protective Service of the General Services 
     Administration.

                               H.R. 5005

                         Offered By: Mr. Roemer

       Amendment No. 5: Amend section 203 to read as follows:

     SEC. 203. ACCESS TO INFORMATION.

       The Secretary shall have access to all reports, 
     assessments, and analytical information relating to threats 
     of terrorism in the United States and to other areas of 
     responsibility described in section 101(b), and to all 
     information concerning infrastructure or other 
     vulnerabilities of the United States to terrorism, whether or 
     not such information has been analyzed, that may be 
     collected, possessed, or prepared by any executive agency. 
     The Secretary shall also have access to other information 
     relating to the foregoing matters that may be collected, 
     possessed, or prepared by an executive agency. With respect 
     to the material to which the Secretary has access under this 
     section--
       (1) all executive agencies promptly shall provide to the 
     Secretary--
       (A) all reports, assessments, and analytical information 
     relating to threats of terrorism in the United States and to 
     other areas of responsibility described in section 101(b);
       (B) all information concerning infrastructure or other 
     vulnerabilities of the United States to terrorism, whether or 
     not such information has been analyzed;
       (C) all information relating to significant and credible 
     threats of terrorism in the United States, whether or not 
     such information has been analyzed, if the President has 
     provided that the Secretary shall have access to such 
     information; and
       (D) such other material as the President may further 
     provide;
       (2) the Secretary shall have full access and input with 
     respect to information from any national collaborative 
     information analysis capability (as referred to in section 
     924 of the National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107; 115 Stat. 1199)) established 
     jointly by the Secretary of Defense and the Director of 
     Central Intelligence; and
       (3) the Secretary shall ensure that any material received 
     pursuant to this section is protected from unauthorized 
     disclosure and handled and used only for the performance of 
     official duties, and that any intelligence information shared 
     under this section shall be transmitted, retained, and 
     disseminated consistent with the authority of the Director of 
     Central Intelligence to protect intelligence sources and 
     methods under the National Security Act and related 
     procedures or, as appropriate, similar authorities of the 
     Attorney General concerning sensitive law enforcement 
     information.

                               H.R. 5005

                         Offered By: Mr. Roemer

       Amendment No. 6: Strike section 402(5) of the bill (and 
     redesignate subsequent paragraphs accordingly).
       In 502(1) of the bill, strike ``Except'' and all that 
     through ``the Integrated'' and insert ``The Integrated''.

                               H.R. 5005

                         Offered By: Mr. Roemer

       Amendment No. 7: At the end of the bill, add the following 
     new title:

  TITLE __--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                STATES.

     SEC. __01. ESTABLISHMENT OF COMMISSION.

       There is established the National Commission on Terrorist 
     Attacks Upon the United States (in this title referred to as 
     the ``Commission'').

     SEC. __02. PURPOSES.

       The purposes of the Commission are to--
       (1) examine and report upon the facts and causes relating 
     to the terrorist attacks against the United States that 
     occurred on September 11, 2001;
       (2) ascertain, evaluate, and report on the evidence 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances surrounding the attacks;
       (3) make a full and complete accounting of the 
     circumstances surrounding the attacks, and the extent of the 
     United States' preparedness for, and response to, the 
     attacks; and
       (4) investigate and report to the President and Congress on 
     its findings, conclusions, and recommendations for corrective 
     measures that can be taken to prevent acts of terrorism.

     SEC. __03. COMPOSITION OF THE COMMISSION.

       (a) Members.--Subject to the requirements of subsection 
     (b), the Commission shall be composed of 10 members, of 
     whom--
       (1) 3 members shall be appointed by the majority leader of 
     the Senate;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives;
       (3) 2 members shall be appointed by the minority leader of 
     the Senate; and
       (4) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (b) Qualifications.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--No member of the 
     Commission shall be an officer or employee of the Federal 
     Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     governmental service, law enforcement, the armed services, 
     legal practice, public administration, intelligence 
     gathering, commerce, including aviation matters, and foreign 
     affairs.
       (c) Chairperson; Vice Chairperson.--
       (1) In general.--Subject to the requirement of paragraph 
     (2), the Chairperson and Vice Chairperson of the Commission 
     shall be elected by the members.
       (2) Political party affiliation.--The Chairperson and Vice 
     Chairperson shall not be from the same political party.
       (d) Initial Meeting.--If 60 days after the date of 
     enactment of this Act, 6 or more members of the Commission 
     have been appointed, those members who have been appointed 
     may meet and, if necessary, select a temporary Chairperson 
     and Vice Chairperson, who may begin the operations of the 
     Commission, including the hiring of staff.
       (e) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the Chairperson or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. __04. FUNCTIONS OF THE COMMISSION.

       (a) In General.--The functions of the Commission are to--
       (1) investigate the relevant facts and circumstances 
     relating to the terrorist attacks of September 11, 2001, 
     including any relevant legislation, Executive order, 
     regulation, plan, policy, practice, or procedure;
       (2) identify, review, and evaluate the lessons learned from 
     the terrorist attacks of September 11, 2001, regarding the 
     structure, coordination, management policies, and procedures 
     of the Federal Government, and, if appropriate, State and 
     local governments and nongovernmental entities, relative to 
     detecting, preventing, and responding to such terrorist 
     attacks; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing organization, coordination, 
     planning, management arrangements, procedures, rules, and 
     regulations.

[[Page 14364]]

       (b) Scope of Investigation.--For purposes of subsection 
     (a)(1), the term ``facts and circumstances'' includes facts 
     and circumstances relating to--
       (1) intelligence agencies;
       (2) law enforcement agencies;
       (3) diplomacy;
       (4) immigration, nonimmigrant visas, and border control;
       (5) the flow of assets to terrorist organizations;
       (6) commercial aviation; and
       (7) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry.

     SEC. __05. POWERS OF THE COMMISSION.

       (a) Hearings and Evidence.--The Commission may, for 
     purposes of carrying out this title--
       (1) hold hearings, sit and act at times and places, take 
     testimony, receive evidence, and administer oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of witnesses and the production of books, records, 
     correspondence, memoranda, papers, and documents.
       (b) Subpoenas.--
       (1) Service.--Subpoenas issued under subsection (a)(2) may 
     be served by any person designated by the Commission.
       (2) Enforcement.--
       (A) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a)(2), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, 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 may be punished by the 
     court as a contempt of that court.
       (B) Additional enforcement.--Sections 102 through 104 of 
     the Revised Statutes of the United States (2 U.S.C. 192 
     through 194) shall apply in the case of any failure of any 
     witness to comply with any subpoena or to testify when 
     summoned under authority of this section.
       (c) Closed Meetings.--Notwithstanding any other provision 
     of law which would require meetings of the Commission to be 
     open to the public, any portion of a meeting of the 
     Commission may be closed to the public if the President 
     determines that such portion is likely to disclose matters 
     that could endanger national security.
       (d) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (e) Information From Federal Agencies.--The Commission may 
     secure directly from any department, agency, or 
     instrumentality of the United States any information related 
     to any inquiry of the Commission conducted under this title. 
     Each such department, agency, or instrumentality shall, to 
     the extent authorized by law, furnish such information 
     directly to the Commission upon request.
       (f) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States are authorized to provide to 
     the Commission such services, funds, facilities, staff, and 
     other support services as they may determine advisable and as 
     may be authorized by law.
       (g) Gifts.--The Commission may, to such extent and in such 
     amounts as are provided in appropriation Acts, accept, use, 
     and dispose of gifts or donations of services or property.
       (h) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (i) Powers of Subcommittees, Members, and Agents.--Any 
     subcommittee, 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.

     SEC. __06. STAFF OF THE COMMISSION.

       (a) Director.--The Commission shall have a Director who 
     shall be appointed by the Chairperson and the Vice 
     Chairperson, acting jointly.
       (b) Staff.--The Chairperson, in consultation with the Vice 
     Chairperson, may appoint additional personnel as may be 
     necessary to enable the Commission to carry out its 
     functions.
       (c) Applicability of Certain Civil Service Laws.--The 
     Director and staff of the Commission 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 chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection 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. Any individual appointed under subsection (a) or 
     (b) shall be treated as an employee for purposes of chapters 
     63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (d) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (e) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. __07. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at 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.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.

     SEC. __08. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate executive departments and agencies shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances in a manner consistent with existing procedures 
     and requirements, except that no person shall be provided 
     with access to classified information under this section who 
     would not otherwise qualify for such security clearance.

     SEC. __09. REPORTS OF THE COMMISSION; TERMINATION.

       (a) Initial Report.--Not later than 1 year after the date 
     of the first meeting of the Commission, the Commission shall 
     submit to the President and Congress an initial report 
     containing--
       (1) such findings, conclusions, and recommendations for 
     corrective measures as have been agreed to by a majority of 
     Commission members; and
       (2) such findings, conclusions, and recommendations 
     regarding the scope of jurisdiction of, and the allocation of 
     jurisdiction among, the committees of Congress with oversight 
     responsibilities related to the scope of the investigation of 
     the Commission as have been agreed to by a majority of 
     Commission members.
       (b) Final Report.--Not later than 6 months after the 
     submission of the initial report of the Commission, the 
     Commission shall submit to the President and Congress a final 
     report containing such updated findings, conclusions, and 
     recommendations described in paragraphs (1) and (2) of 
     subsection (a) as have been agreed to by a majority of 
     Commission members.
       (c) Noninterference With Congressional Joint Inquiry.--
     Notwithstanding subsection (a), the Commission shall not 
     submit any report of the Commission until a reasonable period 
     after the conclusion of the Joint Inquiry of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives regarding the terrorist attacks against the 
     United States which occurred on September 11, 2001.
       (d) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, shall terminate 60 days after the date on which 
     the final report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the second report.

     SEC. __10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     to carry out this title $3,000,000, to remain available until 
     expended.

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