110 HR 3244 IH: National Commission on Detainee U.S. House of Representatives 2007-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3244 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.

1.

Short title

This Act may be cited as the National Commission on Detainee Treatment Act of 2007.

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).

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.

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.

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.

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.

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.

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.

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.