[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1867 Reported in Senate (RS)]






                                                       Calendar No. 369
107th CONGRESS
  2d Session
                                S. 1867

                          [Report No. 107-150]

  To establish the National Commission on Terrorist Attacks Upon the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 18), 2001

 Mr. Lieberman (for himself, Mr. McCain, Mr. Dorgan, Mr. Cleland, Mr. 
  Miller, Mr. Torricelli, and Mr. Grassley) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

                 May  14 (legislative day, May 9), 2002

               Reported by Mr. Lieberman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish the National Commission on Terrorist Attacks Upon the 
                 United States, 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. ESTABLISHMENT OF COMMISSION.

    There is established the National Commission on Terrorist Attacks 
Upon the United States (in this Act referred to as the ``Commission'').

SEC. 2. 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 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) make a full and complete accounting of the 
        circumstances surrounding the attacks, and the extent of the 
        United States' preparedness for, and response to, the attacks; 
        and
            (4) 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. 3. COMPOSITION OF THE COMMISSION.

    (a) Members.--The Commission shall be composed of 14 members, of 
whom--
            (1) 4 members shall be appointed by the President;
        <DELETED>    (2) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Committee on Armed Services of the Senate ;</DELETED>
        <DELETED>    (3) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Committee on Commerce, Science, and Transportation of the 
        Senate;</DELETED>
        <DELETED>    (4) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Committee on the Judiciary of the Senate;</DELETED>
        <DELETED>    (5) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Select Committee on Intelligence of the Senate;</DELETED>
        <DELETED>    (6) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Committee on Foreign Relations of the Senate;</DELETED>
        <DELETED>    (7) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Committee on Armed Services of the House of 
        Representatives;</DELETED>
        <DELETED>    (8) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Committee on Energy and Commerce of the House of 
        Representatives;</DELETED>
        <DELETED>    (9) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Committee on the Judiciary of the House of 
        Representatives;</DELETED>
        <DELETED>    (10) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives; and</DELETED>
        <DELETED>    (11) 1 member shall be appointed by the 
        chairperson, in consultation with the ranking member, of the 
        Committee on International Relations of the House of 
        Representatives.</DELETED>
            (2) 5 members shall be appointed by the majority leader of 
        the Senate, in consultation with the minority leader of the 
        Senate, from all candidates nominated under subparagraphs (A) 
        through (E), including--
                    (A) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on Armed Services of the Senate;
                    (B) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on Commerce, Science, and Transportation of the Senate;
                    (C) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on the Judiciary of the Senate;
                    (D) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Select 
                Committee on Intelligence of the Senate; and
                    (E) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on Foreign Relations of the Senate; and
            (3) 5 members shall be appointed by the Speaker of the 
        House of Representatives, in consultation with the minority 
        leader of the House of Representatives, from all candidates 
        nominated under subparagraphs (A) through (E), including--
                    (A) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on Armed Services of the House of Representatives;
                    (B) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on Energy and Commerce of the House of Representatives;
                    (C) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on the Judiciary of the House of Representatives;
                    (D) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives; and
                    (E) 3 candidates nominated by the chairperson, in 
                consultation with the ranking member, of the Committee 
                on International Relations of the House of 
                Representatives.
    (b) Chairperson.--The President shall select the chairperson of the 
Commission.
    (c) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Not more than 7 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, 
        legal practice, public administration, intelligence gathering, 
        commerce, including aviation matters, and foreign affairs.
            (4) Initial meeting.--If 60 days after the date of 
        enactment of this Act, 8 or more members of the Commission have 
        been appointed, those members who have been appointed may meet 
        and, if necessary, select a temporary chairperson, who may 
        begin the operations of the Commission, including the hiring of 
        staff.
    (d) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairperson or a majority of its 
members. Eight 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. 4. FUNCTIONS OF THE COMMISSION.

    The functions of the Commission are to--
        <DELETED>    (1) conduct an investigation into relevant facts 
        and circumstances relating to the terrorist attacks of 
        September 11, 2001, including any relevant legislation, 
        Executive order, regulation, plan, practice, or 
        procedure;</DELETED>
        <DELETED>    (2) review and evaluate the lessons learned from 
        the terrorist attacks of September 11, 2001 regarding the 
        structure, coordination, and management arrangements of the 
        Federal Government relative to detecting, preventing, and 
        responding to such terrorist attacks; and</DELETED>
            (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; and
                            (vii) 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 Act containing such findings, conclusions, 
        and recommendations as the Commission shall determine, 
        including proposing organization, coordination, planning, 
        management arrangements, procedures, rules, and regulations.

SEC. 5. POWERS OF THE 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) 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.
        <DELETED>    (2) Subpoenas.--Subpoenas issued under paragraph 
        (1)(B) may be issued under the signature of the chairperson of 
        the Commission, the chairperson 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 the chairperson, subcommittee chairperson, or 
        member. Sections 102 through 104 of the Revised Statutes of the 
        United States (2 U.S.C. 192 through 194) shall apply in the 
        case of any failure of any witness to comply with any subpoena 
        or to testify when summoned under authority of this 
        section.</DELETED>
            (2) Subpoenas.--
                    (A) Issuance.--Subpoenas issued under paragraph 
                (1)(B) may be issued under the signature of the 
                chairperson of the Commission, the chairperson 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 the chairperson, subcommittee chairperson, or 
                member.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        paragraph (1)(B), 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.--Sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194) shall 
                        apply in the case of any failure of any witness 
                        to comply with any subpoena or to testify when 
                        summoned under authority of this section.
    (b) Closed Meetings.--
            (1) In general.--Meetings of the Commission may be closed 
        to the public under section 10(d) of the Federal Advisory 
        Committee Act (5 U.S.C. App.) or other applicable law.
            (2) Additional authority.--In addition to the authority 
        under paragraph (1), section 10(a)(1) and (3) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to any 
        portion of a Commission meeting if the President determines 
        that such portion or portions of that meeting is likely to 
        disclose matters that could endanger national security. If the 
        President makes such determination, the requirements relating 
        to a determination under section 10(d) of that Act shall apply.
    <DELETED>(b)</DELETED>(c) 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.
    <DELETED>(c)</DELETED>(d) Information From Federal Agencies.--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 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 chairperson, the 
chairperson of any subcommittee created by a majority of the 
Commission, or any member designated by a majority of the Commission.
    <DELETED>(d)</DELETED>(e) 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.
    <DELETED>(e)</DELETED>(f) Gifts.--The Commission may accept, use, 
and dispose of gifts or donations of services or property.
    <DELETED>(f)</DELETED>(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.

SEC. 6. STAFF OF THE COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The chairperson, 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. 7. 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. 8. 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. 9. REPORTS OF THE COMMISSION; TERMINATION.

    (a) Initial Report.--Not later than 6 months 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) Additional Reports.--Not later than 1 year after the submission 
of the initial report of the Commission, the Commission shall submit to 
the President and Congress a second 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 Act, shall terminate 60 days after the date on which the 
        second 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. 10. 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.




                                                       Calendar No. 369

107th CONGRESS

  2d Session

                                S. 1867

                          [Report No. 107-150]

_______________________________________________________________________

                                 A BILL

  To establish the National Commission on Terrorist Attacks Upon the 
                 United States, and for other purposes.

_______________________________________________________________________

                 May  14 (legislative day, May 9), 2002

                        Reported with amendments