I 112th CONGRESS 1st Session H. R. 2623 IN THE HOUSE OF REPRESENTATIVES July 22, 2011 Mr. King of New York (for himself and Mr. Wolf) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To establish a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001.

1.

Short title

This Act may be cited as the 9/11 Commission Review Act.

2.

Establishment

There is established in the legislative branch a National Commission to Review the National Response Since the Terrorist Attacks of September 11, 2001 (referred to as the 9/11 Review Commission).

3.

Purposes of the 9/11 Review Commission

The 9/11 Review Commission shall conduct a comprehensive review of the implementation of the recommendations proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States (commonly known as the 9/11 Commission), as established pursuant to section 601 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107–306). The review of the 9/11 Review Commission shall— (1)assess the progress and challenges in carrying out the recommendations of the 9/11 Commission, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure implemented since the attacks of September 11, 2001; (2)analyze the trends of domestic terror attacks since the attacks of September 11, 2001, including the growing influence of domestic rad­i­cal­i­za­tion and its causes, and recommendations on how Federal, State, and local agencies can deter and mitigate such radicalization; (3)investigate whether there exists evidence that was not considered by the 9/11 Commission of any conduct, relationships, or other factors which served in any manner to contribute to, facilitate, support, or assist the hijackers who carried out the terrorist attacks of September 11, 2001; and (4)provide additional recommendations with regard to protecting United States homeland security, ensuring interagency intelligence sharing, and other matters relating to counterterrorism policy.

4.

Composition of the 9/11 Review Commission

The 9/11 Review Commission shall be composed of a chairman, to be appointed by the Speaker of the House of Representatives, and a vice chairman, to be appointed by the Majority Leader of the Senate.

5.

Authority of 9/11 Review Commission

(a)

Hearings and evidence

The 9/11 Review Commission, or any panel acting on the authority of the 9/11 Review Commission, may— (1)hold hearings, take testimony, receive evidence, and administer oaths; and (2)subject to subsection (b)(1), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, electronic communications, papers, and documents, as the 9/11 Review Commission or such designated panel may determine advisable. (b)

Subpoena authority

(1)

Issuance

Upon the agreement of the chairman and the vice chairman, the chairman may issue a subpoena to compel the production of documents or sworn testimony. (2)

Process

Subpoenas issued pursuant to this subsection shall be signed by the chairman or any person designated by the chairman, and may be served by any person designated by the chairman. (3)

Enforcement

(A)

In general

In the event that any person fails to obey a subpoena issued pursuant to 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 person failing to obey the order of the court may be held in contempt of the court. (B)

Additional enforcement

In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the chairman may certify a statement of fact constituting such failure to the appropriate United States attorney, who may 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. 192–194). (c)

Information from Federal agencies

(1)

In general

The 9/11 Review 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 such 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 9/11 Review Commission, upon request made by the chairman or the vice chairman. (2)

Receipt, handling, storage, and dissemination

Information shall only be received, handled, stored, and disseminated by the 9/11 Review Commission, including its staff, in accordance with all applicable statutes, regulations, and Executive orders. (d)

Advisory panels

The chairman may establish advisory panels composed of individuals, including such experts as the chairman determines appropriate, who may undertake investigations, evaluate evidence, make findings, and provide recommendations to the 9/11 Review Commission. (e)

Contracting

The 9/11 Review Commission may, to such extent and in such amounts as are provided in by appropriations, enter into contracts to enable the Commission to discharge its duties under this title. (f)

Assistance from Federal agencies

(1)

General Services Administration

The Administrator of General Services shall provide to the 9/11 Review Commission, on a reimbursable basis, administrative support and other services for the performance of the 9/11 Review Commission’s functions. (2)

Other departments and agencies

In addition to the assistance prescribed in paragraph (1), the heads of Federal departments and agencies may provide to the 9/11 Review Commission such services, funds, facilities, staff, and other support services as such heads may determine advisable and as may be authorized by law. (g)

Postal services

The 9/11 Review Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies.

6.

Compensation

The chairman and vice chairman of the 9/11 Review Commission may receive compensation in an amount 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 the chairman or vice chairman, as the case may be, is engaged in the actual performance of the duties of the 9/11 Review Commission.

7.

Appointment of staff

(a)

In general

The chairman, in consultation with the vice chairman and in accord with any rule agreed upon by the 9/11 Review Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the 9/11 Review 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. (b)

Travel expenses

While away from their homes or regular places of business in the performance of services for the 9/11 Review Commission, members and staff 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. (c)

Staff as Federal employees

(1)

In general

Any staff receiving compensation under this section 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 such title. (2)

Members of commission

Paragraph (1) shall not be construed to apply to the chairman or vice chairman. (d)

Detailees

Any Federal Government employee may be detailed to the 9/11 Review Commission without reimbursement from the 9/11 Review Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (e)

Consultant services

The 9/11 Review 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 to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

8.

Security clearances for Commission members and staff

The appropriate Federal agencies or departments shall provide to the 9/11 Review Commission, to the extent possible, personnel with appropriate security clearances. No person shall be provided with access to classified information under this Act without the appropriate security clearances.

9.

Nonapplicability of Federal Advisory Committee Act

(a)

In general

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 9/11 Review Commission. (b)

Public meetings and release of public versions of reports

The 9/11 Review Commission shall— (1)hold public hearings and meetings to the extent appropriate; and (2)release public versions of the reports required under this Act. (c)

Public hearings

Any public hearings of the 9/11 Review Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the 9/11 Review Commission as required by any applicable statute, regulation, or Executive order.

10.

Reports of 9/11 Review Commission

(a)

Interim reports

The 9/11 Review Commission may submit to the President and provide to Congress interim reports containing its findings, conclusions, and recommendations, and may submit with such reports any classified annexes. (b)

Final report

Not later than 12 months after the date of the enactment of this Act, the 9/11 Review Commission shall submit to the President and appropriate congressional committees (as such term is defined in section 101 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a final report, together with a classified annex if such is determined appropriate, containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by the chairman and vice chairman. (c)

Termination

(1)

In general

The 9/11 Review Commission, and all the authorities of this Act, shall terminate 30 days after the date on which the final report is submitted under subsection (b). (2)

Administrative activities before termination

The 9/11 Review Commission may use the 30-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to Congress concerning its reports and disseminating the final report.

11.

Funding

(a)

Authorization of appropriations

There is authorized to be appropriated $1,000,000 to carry out this Act. (b)

Duration of availability

Amounts made available to the 9/11 Review Commission under this section shall remain available until the termination of the 9/11 Review Commission.