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Public Law 107-306
Introduction, Title I, and Title VI
Public Law 107-306
107th Congress
An Act
To authorize appropriations for fiscal year 2003 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.<>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 106. Additional authorizations of appropriations for intelligence
for the war on terrorism.
Sec. 107. Specific authorization of funds for intelligence or
intelligence-related
activities for which fiscal year 2003 appropriations exceed
amounts
authorized.
Sec. 108. Incorporation of reporting requirements.
Sec. 109. Preparation and submittal of reports, reviews, studies, and
plans relating to intelligence activities of Department of
Defense or Department of
Energy.
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 601. <> ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission on Terrorist Attacks Upon the United States (in this title
referred to as the ``Commission'').
SEC. 602. <> PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating to
the terrorist attacks of September 11, 2001, occurring at the
World Trade Center in New York, New York, in Somerset County,
Pennsylvania, and at the Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of--
(A) 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 of
September 11, 2001, (hereinafter in this title referred
to as the ``Joint Inquiry''); and
(B) other executive branch, congressional, or
independent commission investigations into the terrorist
attacks of September 11, 2001, other terrorist attacks,
and terrorism generally;
(4) make a full and complete accounting of the circumstances
surrounding the attacks, and the extent of the United States'
preparedness for, and immediate response to, the attacks; and
(5) 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. 603. <> COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the House
of Representatives (majority or minority leader, as the
[[Page 116 STAT. 2409]]
case may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of the
Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of the
leadership of the House of Representatives of the Republican
Party;
(5) 2 members shall be appointed by the senior member of the
Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of the
leadership of the House of Representatives of the Democratic
Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members of
the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not 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, law,
public administration, intelligence gathering, commerce
(including aviation matters), and foreign affairs.
(4) Deadline for appointment.--All members of the Commission
shall be appointed on or before December 15, 2002.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman 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. 604. <> FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates 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; and
(B) may include relevant facts and circumstances
relating to--
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and
border control;
(v) the flow of assets to terrorist
organizations;
(vi) commercial aviation;
(vii) the role of congressional oversight and
resource allocation; and
(viii) other areas of the public and private
sectors determined relevant by the Commission for
its inquiry;
[[Page 116 STAT. 2410]]
(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.
(b) Relationship to Intelligence Committees' Inquiry.--When
investigating facts and circumstances relating to the intelligence
community, the Commission shall--
(1) first review the information compiled by, and the
findings, conclusions, and recommendations of, the Joint
Inquiry; and
(2) after that review pursue any appropriate area of inquiry
if the Commission determines that--
(A) the Joint Inquiry had not investigated that
area;
(B) the Joint Inquiry's investigation of that area
had not been complete; or
(C) new information not reviewed by the Joint
Inquiry had become available with respect to that area.
SEC. 605. <> POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member thereof,
may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such times
and places, take such testimony, receive such evidence,
administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the chairman
and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or any
member designated by a majority of the Commission,
and may be served by any person designated by the
chairman or by a member designated by a majority
of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection
[[Page 116 STAT. 2411]]
(a), 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.
(ii) Additional enforcement.--In the case of
any failure of any witness to comply with any
subpoena or to testify when summoned under
authority of this section, the Commission may, by
majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the matter
before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received a
certification under sections 102 through 104 of
the Revised Statutes of the United States (2
U.S.C. 192 through 194).
(b) 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.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this title. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request made by the chairman, the chairman of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) 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 may 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.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) 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.
[[Page 116 STAT. 2412]]
SEC. 606. <> NONAPPLICABILITY OF FEDERAL ADVISORY
COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 610(a) and (b).
(c) Public Hearings.--Any public hearings of the Commission shall be
conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 607. <> STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules agreed
upon by the Commission, may appoint and fix the compensation of
a staff director and such other 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 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.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) 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.
(c) 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. 608. <> 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.
[[Page 116 STAT. 2413]]
(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. 609. <> SECURITY CLEARANCES FOR COMMISSION
MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate with
the Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible pursuant to
existing procedures and requirements, except that no person shall be
provided with access to classified information under this title without
the appropriate security clearances.
SEC. 610. <> REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President and
Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final <> Report.--Not later than 18 months
after the date of the enactment of this Act, the Commission shall submit
to the President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) 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 final report.
SEC. 611. <> FUNDING.
(a) Transfer From the National Foreign Intelligence Program.--Of the
amounts authorized to be appropriated by this Act and made available in
public law 107-248 (Department of Defense Appropriations Act, 2003) for
the National Foreign Intelligence Program, not to exceed $3,000,000
shall be available for transfer to the Commission for purposes of the
activities of the Commission under this title.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
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