[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3244 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3244

      To establish the National Commission on Detainee Treatment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2007

Mr. Johnson of Georgia (for himself, Mr. Abercrombie, Mr. Butterfield, 
Mr. Doggett, Ms. Schakowsky, Ms. Shea-Porter, and Mr. Lewis of Georgia) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Armed Services, 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 the National Commission on Detainee Treatment.

    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 ``National Commission on Detainee 
Treatment Act of 2007''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``National 
Commission on Detainee Treatment'' (in this Act referred to as the 
``Commission'').

SEC. 3. DUTIES OF THE COMMISSION.

    The Commission shall conduct a comprehensive review of matters 
relating to the capture, custody, judicial proceedings, and 
repatriation of suspected unlawful enemy combatants with the objective 
of developing a comprehensive report for purposes of section 7.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 8 
members, to be appointed as follows:
            (1) 2 members appointed by the majority leader of the 
        Senate.
            (2) 2 members appointed by the minority leader of the 
        Senate.
            (3) 2 members appointed by the Speaker of the House of 
        Representatives.
            (4) 2 members appointed by the minority leader of the House 
        of Representatives.
    (b) Prohibited Appointments.--No member of the Commission shall be 
a Member of Congress or other elected Federal, State, or local 
government official.
    (c) Period of Appointment.--Each member shall be appointed for the 
life of the Commission.
    (d) Vacancies.--A vacancy in the Commission shall not affect the 
power and duties of the Commission but shall be filled in the manner in 
which the original appointment was made.
    (e) Deadline for Appointments.--Members of the Commission shall be 
appointed by not later than 30 days after the date of enactment of this 
Act.
    (f) Initial Organization Period.--Not later than 60 days after the 
date of enactment of this Act, the Commission shall develop and 
implement a schedule for completion of the review and report required 
under section 7.
    (g) Co-Chairpersons.--The Commission shall select 2 Co-Chairpersons 
from among its members.
    (h) Compensation.--Members of the Commission shall serve without 
pay.
    (i) Travel Expenses.--Members shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code, while away from their 
homes or regular places of business in performance of services for the 
Commission.

SEC. 5. ADMINISTRATION.

    (a) Quorum.--5 members of the Commission shall constitute a quorum, 
but a lesser number may hold hearings.
    (b) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the Co-Chairpersons or a majority of its members.
            (2) Open meetings.--Each meeting of the Commission, other 
        than meetings in which classified information is to be 
        discussed, shall be open to the public.
    (c) Hearings.--The Commission may hold such hearings and undertake 
such other activities as the Commission determines to be necessary to 
carry out its duties.
    (d) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        in the United States at any designated place of hearing within 
        the United States.
            (2) Failure to obey a subpoena.--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.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.

SEC. 6. DIRECTOR AND STAFF OF COMMISSION.

    (a) Executive Director.--The Commission shall have an Executive 
Director, who shall be appointed by the Co-Chairpersons of the 
Commission. To the extent or in the amounts provided in advance in 
appropriations Acts, the Executive Director shall be paid at a rate 
equivalent to a rate established for the Senior Executive Service under 
section 5382 of title 5, United States Code.
    (b) Staff.--With the approval of the Commission, the Executive 
Director may appoint and fix the pay of such additional personnel as 
the Executive Director determines to be appropriate.
    (c) Actuarial Experts and Consultants.--With the approval of the 
Commission, the Executive Director may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code.
    (d) Detail of Government Employees.--Upon the request of the 
Commission, the head of any Federal agency may detail, without 
reimbursement, any of the personnel of such agency to the Commission to 
assist in carrying out the duties of the Commission. Any such detail 
shall not interrupt or otherwise affect the civil service status or 
privileges of the Federal employee.
    (e) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the Co-
Chairpersons, the head of that department or agency shall furnish that 
information to the Commission.
    (f) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (g) Other Resources.--The Commission shall have reasonable access 
to materials, resources, statistical data, and other information such 
Commission determines to be necessary to carry out its duties from the 
Library of Congress, other agencies and elected representatives of the 
executive and legislative branches of the Federal Government. The Co-
Chairpersons of the Commission shall make requests for such access in 
writing when necessary.

SEC. 7. REPORT.

    (a) Report.--Not later than one year after the date on which the 2 
Co-Chairpersons are selected, the Commission shall prepare and submit 
to Congress and the President a final report that contains a detailed 
statement of the recommendations, findings, and conclusions of the 
Commission. The appropriate Committees of Congress shall hold hearings 
on the report.
    (b) Public Availability.--The report submitted under this 
subsection shall be made available to the public.

SEC. 8. TERMINATION.

    The Commission shall terminate on the date that is 30 days after 
the date on which the Commission submits the report required under 
section 7.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $1,500,000 for fiscal year 
2008 to carry out this Act. Such sums shall remain available until 
expended.
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