[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 104 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 104

To establish a national commission on presidential war powers and civil 
                               liberties.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

 Mr. Conyers (for himself, Mr. Nadler of New York, Ms. Jackson-Lee of 
Texas, Mr. Cohen, Mr. Johnson of Georgia, and Mr. Delahunt) introduced 
   the following bill; which was referred to the Committee on Armed 
   Services, and in addition to the Select Committee on Intelligence 
(Permanent Select), the Judiciary, and Foreign Affairs, 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 policies of the 
Administration of President George W. Bush that were undertaken under 
claims of unreviewable war powers, 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, and 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.
    (b) Qualifications.--
            (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.
    (b) Subpoenas.--
            (1) Issuance.--
                    (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.
            (2) Enforcement.--
                    (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.
    (c) Termination.--
            (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.
                                 <all>