Notes on 6 U.S.C. § 101 : US Code - Notes
Search Notes on 6 U.S.C. § 101 : US Code - Notes
(Pub. L. 107-296, Sec. 2, Nov. 25, 2002, 116 Stat. 2140; Pub. L.
109-295, title VI, Sec. 612(d), Oct. 4, 2006, 120 Stat. 1410; Pub.
L. 109-347, title VI, Sec. 613, Oct. 13, 2006, 120 Stat. 1943.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, known
as the Homeland Security Act of 2002, which is classified
principally to this chapter. For complete classification of this
Act to the Code, see Short Title note set out below and Tables.
The Immigration and Nationality Act, referred to in par. (16)(B),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of Title
8, Aliens and Nationality. For complete classification of this Act
to the Code, see Short Title note set out under section 1101 of
Title 8 and Tables.
AMENDMENTS
2006 - Par. (6). Pub. L. 109-347 inserted "governmental and
nongovernmental" after "local".
Pub. L. 109-295 inserted "fire," after "safety,".
EFFECTIVE DATE
Pub. L. 107-296, Sec. 4, Nov. 25, 2002, 116 Stat. 2142, provided
that: "This Act [see Tables for classification] shall take effect
60 days after the date of enactment [Nov. 25, 2002]."
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109-295, title VI, Sec. 671(a), Oct. 4, 2006, 120 Stat.
1433, provided that: "This section [enacting subchapter XIII of
this chapter] may be cited as the '21st Century Emergency
Communications Act of 2006'."
SHORT TITLE OF 2004 AMENDMENTS
Pub. L. 108-458, title VII, Sec. 7001, Dec. 17, 2004, 118 Stat.
3775, provided that: "This title [see Tables for classification]
may be cited as the '9/11 Commission Implementation Act of 2004'."
Pub. L. 108-458, title VIII, Sec. 8301, Dec. 17, 2004, 118 Stat.
3867, provided that: "This subtitle [subtitle C (Secs. 8301-8306)
of title VIII of Pub. L. 108-458, amending sections 111, 142, and
345 of this title and section 8I of the Inspector General Act of
1978, Pub. L. 95-452, set out in the Appendix to Title 5,
Government Organization and Employees, and enacting provisions set
out as a note under section 112 of this title] may be cited as the
'Homeland Security Civil Rights and Civil Liberties Protection Act
of 2004'."
Pub. L. 108-330, Sec. 1, Oct. 16, 2004, 118 Stat. 1275, provided
that: "This Act [amending sections 113, 342, and 454 of this title
and sections 901 and 3516 of Title 31, Money and Finance, and
enacting provisions set out as notes under section 342 of this
title and sections 901 and 3516 of Title 31] may be cited as
'Department of Homeland Security Financial Accountability Act'."
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-7, div. L, Feb. 20, 2003, 117 Stat. 532, provided in
part that: "This division [enacting sections 103 and 552a of this
title and section 8I of the Inspector General Act of 1978, Pub. L.
95-452, set out in the Appendix to Title 5, Government Organization
and Employees, amending sections 113, 162, 164, 188, 395, 453, and
551 of this title, section 8D of the Inspector General Act of 1978,
sections 1103 and 1356 of Title 8, Aliens and Nationality, and
section 300aa-33 of Title 42, The Public Health and Welfare,
redesignating section 8I of the Inspector General Act of 1978 as
section 8J, repealing section 371 of this title and former section
8J of the Inspector General Act of 1978, enacting provisions set
out as notes under section 521 of this title, section 1356 of Title
8, and section 300aa-33 of Title 42, and repealing provisions set
out as a note under section 300aa-33 of Title 42] may be cited as
the 'Homeland Security Act Amendments of 2003'."
SHORT TITLE
Pub. L. 107-296, Sec. 1(a), Nov. 25, 2002, 116 Stat. 2135,
provided that: "This Act [see Tables for classification] may be
cited as the 'Homeland Security Act of 2002'."
Pub. L. 107-296, title II, Sec. 211, Nov. 25, 2002, 116 Stat.
2150, provided that: "This subtitle [subtitle B (Secs. 211-215) of
title II of Pub. L. 107-296, enacting part B of subchapter II of
this chapter] may be cited as the 'Critical Infrastructure
Information Act of 2002'."
Pub. L. 107-296, title VIII, Sec. 861, Nov. 25, 2002, 116 Stat.
2238, provided that: "This subtitle [subtitle G (Secs. 861-865) of
title VIII of Pub. L. 107-296, enacting part G of subchapter VIII
of this chapter] may be cited as the 'Support Anti-terrorism by
Fostering Effective Technologies Act of 2002' or the 'SAFETY Act'."
For short title of part I of subchapter VIII of this chapter as
the "Homeland Security Information Sharing Act", see section 481(a)
of this title.
Pub. L. 107-296, title X, Sec. 1001(a), Nov. 25, 2002, 116 Stat.
2259, provided that: "This title [enacting subchapter X of this
chapter and sections 3531 to 3537 and 3538 of Title 44, Public
Printing and Documents, amending section 2224 of Title 10, Armed
Forces, sections 278g-3 and 278g-4 of Title 15, Commerce and Trade,
section 11331 of Title 40, Public Buildings, Property, and Works,
and sections 3504 to 3506 of Title 44, and repealing section 11332
of Title 40 and provisions set out as notes under section 3531 of
Title 44] may be cited as the 'Federal Information Security
Management Act of 2002'."
[For another Federal Information Security Management Act of 2002,
see section 301(a) of Pub. L. 107-347, title III, Dec. 17, 2002,
116 Stat. 2946, set out as a note under section 101 of Title 44,
Public Printing and Documents.]
NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES
Pub. L. 107-306, title VI, Nov. 27, 2002, 116 Stat. 2408, as
amended by Pub. L. 108-207, Sec. 1, Mar. 16, 2004, 118 Stat. 556,
provided that:
"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 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;
"(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 (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.
"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.
"(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) [5703] 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 20 months after the date of
the enactment of this Act [Nov. 27, 2002], 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 30 days after the date on which the
final report is submitted under subsection (b).
"(2) Administrative activities before termination. - The
Commission may use the 30-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 [see
Tables for classification] and made available in public law 107-248
[see Tables for classification] (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) Additional Funding. - In addition to the amounts made
available to the Commission under subsection (a) and under chapter
2 of title II of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 591), of the amounts
appropriated for the programs and activities of the Federal
Government for fiscal year 2004 that remain available for
obligation, not more than $1,000,000 shall be available for
transfer to the Commission for purposes of the activities of the
Commission under this title.
"(c) Duration of Availability. - Amounts made available to the
Commission under this section shall remain available until the
termination of the Commission."