Congressional Record: March 2, 2006 (Senate)
Page S1653-S1655                      

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS


      By Mr. BYRD:
  S. 2362. A bill to establish the National Commission on Surveillance 
Activities and the Rights of Americans; to the Committee on the 
Judiciary.
  Mr. BYRD. Mr. President, before the Presidents Day recess, I spoke 
about recent egregious examples of domestic surveillance by the 
executive branch, and I announced my intention to introduce legislation 
to establish a commission to investigate the instances of warrantless 
wiretapping and spying on U.S. citizens by the National Security Agency 
and other departments of Government.
  I am not the lone voice raising questions about the legality of this 
program and its effect on the rights of law-abiding American citizens. 
I am only one--only one--in a growing chorus--a growing chorus--of 
concerned individuals. Since the New York Times broke the story of the 
NSA's wiretapping program, many in this Chamber on both sides of the 
aisle have questioned the legality of the warrantless wiretapping and 
have called for investigations into possible violations of the Foreign 
Intelligence Surveillance Act, as well as other transgressions against 
the spirit or the letter of our revered Constitution.
  Many of our country's foremost constitutional scholars and professors 
of law have expressed their categorical opposition to the NSA's 
program, citing possible violations of both the Constitution and the 
Foreign Intelligence Surveillance Act. They agree that ``the program 
appears on its face''--on its face--``to violate existing law.''
  These concerns have, of course, been dismissed by the same branch of 
Government that hatched the domestic spying program. Did you hear that? 
I will say it again. These concerns have been dismissed by the same 
branch of Government that hatched the domestic spying program. But this 
stonewalling--yes, that is stonewalling--this stonewalling is only part 
of the story. Important questions about NSA's program have been 
answered with strained and tenuous justifications or claims of the dire 
need for secrecy and, as a result, Congress's access to information has 
been severely--severely, severely--curtailed, by whom? By whom? Guess 
what, by the administration; by the administration.
  There are some things we do know. We know that top officials in the 
Department of Justice who were concerned about questions of legality 
and lack of oversight of the program refused to endorse continued use 
of the NSA's wiretapping. That isn't all. We also know because of these 
concerns this secret program was suspended. Do you get that? This 
secret program was suspended temporarily due to questions about its 
legality.
  What most Americans don't know is that FBI agents complained about 
the utility of the wiretapping program. Voluminous amounts of 
information and records that were gleaned from this secret 
eavesdropping program were sent from the National Security Agency to 
the Federal Bureau of Investigation, and FBI officials repeatedly 
complained that they were being drowned by a river of useless 
information that

[[Page S1654]]

diverted their resources from pursuing important counterterrorism work. 
Such complaints raise the question of whether the domestic wiretapping 
program may have backfired by sending our top counterterrorism agencies 
on wild-goose chases, thus making our country less secure instead of 
making our country more secure.
  We know that one member of the Foreign Intelligence Surveillance 
Court, Judge James Robertson, resigned--yes, resigned--4 days after the 
New York Times first detailed the NSA's warrantless--warrantless--
domestic surveillance. We know that only the chief judge of the FISA 
Court, the secret court charged with approving requests to conduct 
domestic surveillance, had any knowledge of this clandestine 
wiretapping program. The other judges, who are sworn to strict secrecy, 
learned of the program just as many of our citizens did--through 
reports in the press. Yes, thank God for a free press.

  We know that although most of the judges of the Foreign Intelligence 
Surveillance Court were kept in the dark about the program, at least 
one of the judges was tipped off by an attorney within the Department 
of Justice that some of the information being presented to the court to 
secure warrants was improperly obtained, meaning the Government had 
apparently circumvented a court-ordered screening process to eliminate 
tainted evidence.
  We know that in a February 28 letter to Senate Judiciary Committee 
Chairman Arlen Specter, Attorney General Gonzales admitted that the 
Justice Department's legal justification for the wiretaps has ``evolved 
over time.''
  What does that mean? Does it mean that there actually was no legal 
basis for the NSA to spy on American citizens when it first began the 
surveillance? Does it mean the Department had to gin up some legal 
basis for the spying once the program became public? Does it mean the 
administration's reliance on the use-of-force resolution to justify its 
snooping was simply a ploy--just a ploy--an ``after the fact'' face-
saving device meant to give the administration cover for having 
violated the civil liberties of Americans?
  We know that earlier this week, 18 Members of the House of 
Representatives sent a letter to President Bush requesting that he 
appoint a special counsel to investigate the NSA's warrantless 
surveillance of our citizens. In their letter, the House Members noted 
that with no clear information coming from the administration, they and 
all of America have been forced to rely primarily on press reports to 
determine the scope of the NSA's activities.
  With so many questions unanswered by the administration, it is 
absolutely imperative that there be an objective investigation of this 
program and any violations of law that may have occurred.
  We are in a supercharged political year--we know that, you know that, 
everybody knows that--an election year for one-third of the Senate, 
including this Senator from West Virginia, and for the entire House of 
Representatives. And the Senate Intelligence Committee as of today has 
refused to initiate a serious investigation into this matter. But an 
investigation has to go forward. The efficacy of our laws and our 
Constitution is at stake. That is why I am proposing legislation to 
establish a nonpartisan commission to review and investigate domestic 
surveillance in America, along with serious allegations of abuse. In 
this way, we will be sure to safeguard our first and fourth amendment 
rights as enumerated in this Constitution, as well as evaluate the 
actual effectiveness of such programs in combating terrorist threats.
  James Madison wrote in his essay, ``Political Reflections,'' that 
``[t]he fetters''--the fetters, f-e-t-t-e-r-s--``[t]he fetters imposed 
on liberty at home have ever been forged out of the weapons provided 
for defense against real, pretended, or imaginary dangers from abroad.
  No one is suggesting that the threat of terrorist attacks is anything 
but a real threat, and one that must be of the Congress's utmost 
priority. But the suggestion that the American people would be safer in 
their homes if they just forego their constitutionally protected rights 
is a deliberately deceptive assertion that may forge the fetters that 
bind law-abiding citizens. Make no mistake about it: It is these ill-
conceived strictures that may ultimately destroy precious liberties.
  In fact, it is because our forefathers were fearful of re-creating 
the same tyrannous form of government from which many of them had fled, 
that the Bill of Rights--the Bill of Rights, those first 10 
amendments--the Bill of Rights was added to the Constitution to better 
secure for all time--all time--the freedom from oppression that ever 
looms from an overly powerful executive. Get that. Get that. Let me say 
that again. It was because our forefathers, thank God, were fearful of 
re-creating the same tyrannous, the same tyrannical form of government 
from which many of them had fled that the Bill of Rights was added to 
the Constitution to better secure, for all time, the freedom from 
oppression that ever looms from an overly powerful executive. And you 
better believe it. You better believe it. Hear me. Hear me now. I will 
always speak out against an all-powerful executive, under either party.
  In a climate of fear, liberties have been sacrificed time and again 
under the guise of keeping the Nation from harm. Fear. Yes, fear is a 
powerful tool for manipulation; useful for easing the American people 
out of their liberties and into submission. Fear. When the public is 
confronted with a situation, real or imagined, that inspires fear, the 
public rightfully look to their leaders--look to their leaders, Mr. 
President--for protection from foreboding consequences. The claim of 
wartime necessity always strengthens the hands of a President. Let me 
say that again. The claim of wartime necessity always strengthens a 
President, any President, Republican or Democrat. And often facts are 
sealed from the prying eyes of Congress by a purported need for 
secrecy.
  But Senators, and that includes this Senator from West Virginia, 
Senators have a sworn duty--a sworn duty, a sworn duty--sworn right up 
there at that desk with their hand on the Bible--the holy Bible, the 
holy Bible, the holy Bible--with their hand on the Bible to check 
executive power. We have to be on guard every moment of every day. The 
executive branch, whether it be Democratic or Republican, is always 
reaching--always reaching, always reaching--always grabbing more power, 
more power, more power, and we have to be on guard. We have a sworn 
duty to check executive power and, as long as I live, I am going to 
stand for the checking of the executive power; I don't care whether it 
is a Democrat or Republican in the White House or an Independent. It 
makes no difference. We have a sworn duty. We swear. We put our hand on 
the Bible before God and man, and we swear to check executive power at 
all times--at all times--in times of crisis or otherwise. Each of us 
here, and there are 100 here, and each of this 100, 100 Senators, we 
are each bound to defend the Constitution and each bound to defend the 
liberties that the Constitution gives to all Americans, at all times, 
in times of peace and in times of war.
  History has shown us many times that a climate of fear can take a 
hefty toll on our freedoms. That is your freedoms. That is your 
freedoms. That is your freedoms. Worse still are liberties surrendered 
in vain, resulting in little added security.
  There is no doubt that constitutional freedoms will never be 
abolished in one fell swoop--never--for the American people cherish 
their freedoms, and they would not tolerate such a loss if they could 
perceive it; if they could see it coming, if they could hear it, if 
they could feel it, if they could perceive it. But the erosion of 
freedom rarely comes as an all-out frontal assault; rather, it is 
gradual, noxious, creeping, cloaked in secrecy and glossed over by 
reassurances of greater security.
  The American people are a people born of sacrifice, and the 
sacrifices that the American people are willing to endure speak well of 
the tenacity and the strength that makes the United States of America 
what it is. Some may be tempted to accept on blind faith the 
administration's--any administration's, any administration's--promise 
of increased security, and they may see it as a duty to capitulate 
their rights for that flimsy promise. May we all pause to reflect on 
the hard-won liberties--the hard-won liberties--for which earlier 
generations fought and

[[Page S1655]]

died. Remember Nathan Hale. He died. He regretted that he had but one 
life to give, to lose, one life to lose for his country. Remember 
Patrick Henry: ``Give me liberty or give me death,'' he said. John Paul 
Jones: ``We have only begun to fight.''
  So may we all pause to reflect, as we have just done, on the hard-won 
liberties for which earlier generations fought and died before we 
easily accept convincing rhetoric. Rhetoric is cheap. Talk is cheap. To 
suggest that innocent Americans surrender rights to preserve freedom is 
a false choice. It is also a slippery slope, one that is fraught with 
ever more secrecy and the certainty of egregious abuses of our Bill of 
Rights and of our laws over time.
  The commission that I propose would determine how to best protect the 
homeland, as well as the most effective ways of gathering needed 
intelligence. It will examine the procedures for the NSA's use and 
retention of intelligence obtained without warrants, and the method and 
scope of dissemination of such information to other agencies. It will 
investigate any questions raised by the Foreign Intelligence 
Surveillance Court concerning the legality of the domestic spying 
program. It will examine the obligation of the President--do you get 
that? Do you hear that, Mr. President? Republican or Democrat. It will 
examine the obligation of the President to brief Members of Congress--
not just one or two or three or four--on warrantless surveillance of 
American citizens. It will lift the fog--lift the fog--of secrecy and 
clandestine government activity misaimed at law-abiding citizens and 
perhaps, most importantly, it will shed much needed sunshine--let the 
sunshine in--much needed sunshine on any unlawful or unconstitutional 
executive--executive, executive intrusions into the lives of ordinary 
Americans.
                                 ______
                                 

---

S 2362 IS

109th CONGRESS

2d Session

S. 2362

To establish the National Commission on Surveillance Activities and the Rights of Americans.

IN THE SENATE OF THE UNITED STATES

March 2, 2006

Mr. BYRD introduced the following bill; which was read twice and referred to the Committee on the Judiciary

---

A BILL

To establish the National Commission on Surveillance Activities and the Rights of Americans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Surveillance Activities Commission Act of 2006'.

SEC. 2. DEFINITIONS.

In this Act--

(1) the term `Commission' means the National Commission on Surveillance Activities and the Rights of Americans established under section 3;

(2) the term `electronic surveillance' has the same meaning as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);

(3) the term `Foreign Intelligence Surveillance Court' means the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a));

(4) the terms `pen register' and `trap and trace device' have the same meaning as in section 3127 of title 18, United States Code;

(5) The term `physical search' has the same meaning as in section 301 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821);

(6) the term `surveillance' means any electronic surveillance, physical search, use of a pen register or trap and trace device, order for the production of any tangible item, or surveillance activity for which a Federal or State government agent is required to obtain a warrant, before or after engaging in the activity; and

(7) the term `warrantless surveillance program' means a program of warrantless surveillance conducted inside the United States by any Federal or State agency.

SEC. 3. ESTABLISHMENT OF COMMISSION.

There is established in the legislative branch the National Commission on Surveillance Activities and the Rights of Americans to conduct an investigation and to study governmental operations with respect to warrantless surveillance conducted inside the United States and intelligence activities, and the extent, if any, to which illegal, improper, or unethical activities were engaged in by any Federal, State, or local government agency or any person employed by a Federal, State, or local government.

SEC. 4. PURPOSES.

The purposes of the Commission are to--

(1) examine and report upon the facts, causes, and use of executive authority relating to any warrantless surveillance conducted inside the United States that occurred after September 11, 2001, by the National Security Agency or any other Federal or State agency, and the extent to which any illegal, improper, or unethical activities were engaged in by any agency or by any person, acting either individually or in combination with others, in carrying out any surveillance activities;

(2) examine the origin and operation of any warrantless surveillance conducted inside the United States, including the collection, processing, analysis, dissemination, and retention of intelligence information;

(3) report on any constitutional, statutory, and regulatory basis for any warrantless surveillance program, including all presidential orders and authorizations, and all opinions, instructions, or guidance concerning any warrantless surveillance program provided by the Department of Justice, the Director of Central Intelligence, the Director of National Intelligence, the Director of the National Security Agency, the Department of Defense, or any department, office, or agency of the Federal Government, and any of their subordinate offices or officials, either in writing or verbally;

(4) examine any periodic reviews of any warrantless surveillance program, including all reviews conducted by the National Security Agency Inspector General, the Department of Justice, or any other Federal agency;

(5) gather any information regarding questions raised by any judge of the Foreign Intelligence Surveillance Court regarding any warrantless surveillance program or the utilization of intelligence collected under such program, and any response by the Department of Justice to any such inquiries, including any temporary cessation of such surveillance activities;

(6) investigate any participation by, or use of the facilities or personnel of, United States electronic communications providers in warrantless surveillance conducted inside the United States, including the origin of certifications or representations provided to such providers concerning the legal authority for their cooperation;

(7) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding any facts or circumstances that may have violated the separation of powers enumerated in the Constitution of the United States, including--

(A) article I, sections 1 and 8 of the Constitution of the United States; and

(B) article III, sections 1 and 2 of the Constitution of the United States;

(8) ascertain and evaluate any potential violations, including violations of the first, fourth, and fourteenth amendments to the Constitution of the United States;

(9) investigate and report on any violation of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.), or any other applicable law;

(10) examine the duty of the President to brief all Members of Congress regarding warrantless surveillance of United States citizens conducted inside the United States;

(11) build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of--

(A) any investigation by a Committee of the Senate or the House of Representatives; and

(B) other executive branch, congressional, or independent commission investigations into the warrantless surveillance conducted inside the United States;

(12) make a full and complete accounting of the circumstances surrounding warrantless surveillance conducted inside the United States, including an assessment of its effectiveness in protecting the United States from terrorism;

(13) make a full and complete accounting of the use of any appropriated funds by any Federal, State, or local government agency or any person employed by a Federal, State, or local government in carrying out warrantless surveillance; and

(14) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that should be taken regarding any violations of any law dealing with intelligence gathering, and to prevent future violations.

SEC. 5. COMPOSITION OF COMMISSION.

(a) Members- The Commission shall be composed of 14 members, of whom--

(1) 1 member, who shall serve as Chairman of the Commission, shall be appointed by the Majority Leader of the Senate, in consultation with the Majority Leader of the House of Representatives;

(2) 1 member, who shall serve as Vice Chairman of the Commission, shall be appointed by the Minority Leader of the Senate, in consultation with the Minority Leader of the House of Representatives;

(3) 1 member shall be appointed by the Chairman of the Committee on the Judiciary of the Senate;

(4) 1 member shall be appointed by the Ranking Member of the Committee on the Judiciary of the Senate;

(5) 1 member shall be appointed by the Chairman of the Select Committee on Intelligence of the Senate;

(6) 1 member shall be appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate;

(7) 1 member shall be appointed by the Chairman of the Committee on the Judiciary of the House of Representatives;

(8) 1 member shall be appointed by the Ranking Member of the Committee on the Judiciary of the House of Representatives;

(9) 1 member shall be appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives;

(10) 1 member shall be appointed by the Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives;

(11) 1 member shall be appointed by the Chairman of the Committee on Appropriations of the Senate;

(12) 1 member shall be appointed by the Ranking Member of the Committee on Appropriations of the Senate;

(13) 1 member shall be appointed by the Chairman of the Committee on Appropriations of the House of Representatives; and

(14) 1 member shall be appointed by the Ranking Member of the Committee on Appropriations of the House of Representatives.

(b) Date of Appointment- All members of the Commission shall be appointed not later than the date that is 3 months after the date of enactment of this Act.

(c) Qualifications; Initial Meeting-

(1) 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.

(2) 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 law, intelligence gathering, and foreign affairs.

(3) INITIAL MEETING- The Commission shall meet and begin the operations of the Commission as soon as practicable.

(d) 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. 6. FUNCTIONS OF COMMISSION.

The functions of the Commission are to--

(1) conduct an investigation that--

(A) investigates relevant facts and circumstances relating to all incidents of warrantless surveillance conducted inside the United States, 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 and intelligence gathering;

(ii) the Authorization for Use of Military Force, (Public Law 107-40; 50 U.S.C. 1541 note), as a justification for warrantless surveillance conducted inside the United States;

(iii) any use of appropriated funds in carrying out warrantless surveillance conducted inside the United States in contradiction of Federal law;

(iv) the jurisdiction of the Foreign Intelligence Surveillance Court, in issuing warrants for the purpose of surveillance conducted inside the United States;

(v) the role of congressional oversight and resource allocation;

(vi) possible legislative initiatives that could strengthen the use of lawful surveillance conducted inside the United States in effectively protecting national security, while preserving constitutional checks and balances and liberties; and

(vii) other areas of the public and private sectors determined relevant by the Commission for its inquiry; and

(2) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations.

SEC. 7. 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 Act--

(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 8 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- In the case of contumacy or failure to obey a subpoena issued 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) 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 Act.

(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 Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. 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) 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.

SEC. 8. 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 subsections (a) and (b) of section 12.

(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. 9. STAFF OF COMMISSION.

(a) In General-

(1) APPOINTMENT AND COMPENSATION- The Chairman, in consultation with the Vice Chairman and 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, 89A, 89B, 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. 10. 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. 11. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

The appropriate Federal departments or agencies shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible under the relevant procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances.

SEC. 12. REPORTS OF COMMISSION; TERMINATION.

(a) Interim Reports- The Commission shall 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 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) Classified Information- Each report submitted under subsection (a) or (b) shall be in unclassified form, but may include a classified annex.

(d) Termination-

(1) IN GENERAL- The Commission, and all the authorities of this Act, 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. 13. FUNDING.

(a) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this Act.

(b) Duration of Availability- Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

END