HR 108
112th CONGRESS
1st Session
H. R. 108
To establish a national commission on presidential war powers and
civil liberties.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. CONYERS (for himself, Ms. JACKSON LEE of Texas, Mr. JOHNSON of Georgia,
Mr. SCOTT of Virginia, and Mr. JONES) introduced the following bill; which
was referred to the Committee on Armed Services, and in addition to the Committees
on the Judiciary, Foreign Affairs, and Select Intelligence (Permanent Select),
for a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To establish a national commission on presidential war powers and
civil liberties.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Presidential War Powers and
Civil Liberties (hereinafter in this Act referred to as the `Commission')
to investigate the broad range of executive branch national security policies
undertaken since the terrorist attacks of September 11, 2001, including detention
by the United States Armed Forces and the intelligence community, the use
by the United States Armed Forces or the intelligence community of enhanced
interrogation techniques or interrogation techniques not authorized by the
Uniform Code of Military Justice, `ghosting' or other policies intended to
conceal the fact that an individual has been captured or detained, extraordinary
rendition, domestic warrantless electronic surveillance, targeted killings
away from conventional battlefields, the use of the state secrets or other
litigation tactics or privileges to avoid judicial review of executive branch
national security actions, and any other policies that the Commission may
determine to be relevant to its investigation (hereinafter in this Act referred
to as `the activities').
SEC. 2. DUTIES.
(a) In General- The Commission shall--
(1) investigate relevant facts, circumstances and law surrounding the activities;
and
(2) report to the President and Congress the findings and conclusions of
the Commission and any recommendations the Commission considers appropriate.
(b) Consideration and Use of Other Investigations- In carrying out its duties,
the Commission shall consider and use, to the extent it deems appropriate,
the investigations that have been conducted by other entities so as to avoid
unnecessary duplication.
(c) Protection of National Security- The Commission shall carry out its duties
in a manner consistent with the need to protect national security.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members- Subject to the requirements of subsection (b), the Commission
shall be composed of 9 members, of whom--
(1) 1 member shall be appointed by the President of the United States;
(2) 2 members shall be appointed by the majority leader of the Senate;
(3) 2 members shall be appointed by the minority leader of the Senate;
(4) 2 members shall be appointed by the majority leader of the House of
Representatives; and
(5) 2 members shall be appointed by the minority leader of the House of
Representatives.
(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, constitutional law, civil
liberties, intelligence gathering, national security, and foreign affairs.
(4) DEADLINE FOR APPOINTMENT- All members of the Commission should be appointed
within 120 days after the date of enactment of this Act.
(5) INITIAL MEETING- If, 60 days after the date of enactment of this Act,
six 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.
(6) QUORUM; VACANCIES- After its initial meeting, the Commission shall meet
upon the call of the Chairperson or a majority of its members. Five 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.
(c) Chairperson; Vice Chairperson-
(1) IN GENERAL- Subject to the requirement of paragraph (2), the Chairperson
shall be appointed by the President and the Vice Chairperson of the Commission
shall be appointed by the Senate minority leader.
(2) POLITICAL PARTY AFFILIATION- The Chairperson and Vice Chairperson shall
not be from the same political party.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings and Evidence- The Commission may, for purposes of carrying out
this Act--
(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.
(A) IN GENERAL- The Commission may, by a majority vote, issue subpoenas
requiring the attendance and testimony of witnesses and the production
of any evidence relating to any matter that the Commission is empowered
to investigate under this section. 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.
(B) SIGNATURE- Subpoenas issued under this paragraph may be issued under
the signature of the Chair of the Commission, the chair of any subcommittee
created by a majority of the Commission, or any member designated by a
majority of the Commission and may be served by any person designated
by such Chair, subcommittee chair, or member.
(A) IN GENERAL- 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.
(B) JURISDICTION- In the case of contumacy or failure to obey a subpoena
issued under paragraph (1), 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.
(C) ADDITIONAL ENFORCEMENT- In the case of the failure of a witness to
comply with any subpoena or to testify when summoned under authority of
paragraph (1), the Commission, by majority vote, may certify a statement
of fact attesting to such failure to the appropriate United States attorney,
who shall 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).
(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 Act.
(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 Act. 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) 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.
(h) 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. 5. 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. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation- Each member of the Commission may be compensated at a rate
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. 7. 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. 8. 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 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 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 findings, conclusions, and recommendations
for corrective measures as have been agreed to by a majority of Commission
members.
(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 second report.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry out this
Act $3,000,000, to remain available until expended or the Commission is terminated.
END
