article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Homeland Security Act''. SEC. 2. ESTABLISHMENT. There is established the ``Commission on Homeland Security'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF COMMISSION. The Commission shall study procedures to protect the security of the United States, including, but not limited to-- (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform security missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Federal Government, the States, and municipalities to protect security. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 21 members appointed as follows: (1) Five members appointed by the President, one of whom shall be the Assistant to the President for Homeland Security. (2) Four members appointed by the Speaker of the House of Representatives. (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 enforcement 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 provisions 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 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 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 minimum 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 member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized 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 Commission, the head of that department or agency shall furnish that information to the Commission. (c) Gifts, Bequests, and Devises.--The Commission 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 Commission. 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 conditions as other departments and agencies of the United States. (e) 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. (f) 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 under investigation by the Commission. 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), 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 subpoenas issued 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) 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 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. 8. REPORT. The Commission shall transmit a report to the President and Congress not later than 14 months after the date of the enactment of this Act containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislation and administrative actions that the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting 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.
summary: Commission on Homeland Security Act - Establishes a Commission on Homeland Security to study procedures to protect the security of the United States, including: (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform such missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Government, the States, and municipalities to protect security.