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

Establishes a National Commission on Terrorist Attacks Upon the United States, which shall: (1) examine and report on the facts and causes relating to the terrorist attacks against the United States of September 11, 2001; (2) ascertain, evaluate and report on the evidence developed by all relevant Government agencies regarding the facts and circumstances surrounding the attacks; and (3) identify and review the lessons learned regarding the structure and makeup of the Federal Government and, if necessary, of State and local governments and of nongovernmental organizations, with regards to detecting, preventing and responding to such terrorist attacks.

(Sec. 5) Empowers the Commission to hold hearings, collect relevant materials, and subpoena witnesses.

Applies Federal law to make failure to obey a subpoena by the Commission a misdemeanor crime against Congress punishable by a fine and imprisonment.

Permits Commission meetings or portions to be closed to the public for national security reasons. Directs executive departments, agencies and other entities to provide information to the Commission upon request as authorized by law.

(Sec. 8) Authorizes Executive departments and agencies to issue security clearances to members of the Commission, except that no individual on the Commission shall receive access to classified information who would not otherwise qualify for such a security clearance.

(Sec. 9) Directs the Commission to issue a report to the President and Congress within six months after the first meeting, and a second report a year later, with recommendations for corrective measures.

(Sec. 10) Authorizes appropriations.

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







107th CONGRESS
  1st Session
                                S. 1867

  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 and Mr. McCain) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 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;
            (2) 1 member shall be appointed by the chairperson, in 
        consultation with the ranking member, of the Committee on Armed 
        Services of the Senate ;
            (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;
            (4) 1 member shall be appointed by the chairperson, in 
        consultation with the ranking member, of the Committee on the 
        Judiciary of the Senate;
            (5) 1 member shall be appointed by the chairperson, in 
        consultation with the ranking member, of the Select Committee 
        on Intelligence of the Senate;
            (6) 1 member shall be appointed by the chairperson, in 
        consultation with the ranking member, of the Committee on 
        Foreign Relations of the Senate;
            (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;
            (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;
            (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;
            (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
            (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.
    (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--
            (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;
            (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
            (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.
            (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.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) 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.
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