Congressional Record: September 19, 2002 (Senate)
Page S8935-S8954
TEXT OF AMENDMENTS
[...]
SA 4694. Mr. LIEBERMAN (for himself and Mr. McCain) proposed an
amendment to amendment SA 4471 proposed by Mr. Lieberman to the bill
H.R. 5005, to establish the Department of Homeland Security, and for
other purposes; as follows:
On page 211, insert between lines 9 and 10 the following:
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 601. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Terrorist
Attacks Upon the United States (in this title referred to as
the "Commission").
SEC. 602. 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;
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(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of--
(A) the Joint Inquiry of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives regarding the
terrorist attacks of September 11, 2001;
(B) other executive branch, congressional, or independent
commission investigations into the terrorist attacks of
September 11, 2001, other terrorist attacks, and terrorism
generally;
(4) 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
(5) 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. 603. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 3 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson; Vice Chairperson.--
(1) In general.--Subject to paragraph (2), the Chairperson
and Vice Chairperson of the Commission shall be elected by
the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(c) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 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, 6 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. Six 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. 604. FUNCTIONS OF THE COMMISSION.
The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances relating
to the terrorist attacks of September 11, 2001, including any
relevant legislation, Executive order, regulation, plan,
policy, practice, or procedure; and
(B) may include relevant facts and circumstances relating
to--
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and border control;
(v) the flow of assets to terrorist organizations;
(vi) commercial aviation; and
(vii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry;
(2) identify, review, and evaluate the lessons learned from
the terrorist attacks of September 11, 2001, regarding the
structure, coordination, management policies, and procedures
of the Federal Government, and, if appropriate, State and
local governments and nongovernmental entities, 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 title containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
SEC. 605. 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 title--
(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.--
(A) Issuance.--Subpoenas issued under paragraph (1)(B) may
be issued under the signature of the chairperson of the
Commission, the Vice 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.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under paragraph (1)(B), 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.
(ii) 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 Commission may,
by majority vote, 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 through 194).
(b) Closed Meetings.--
(1) In general.--Meetings of the Commission may be closed
to the public under section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. App.) or other applicable law.
(2) Additional authority.--In addition to the authority
under paragraph (1), section 10(a)(1) and (3) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to any
portion of a Commission meeting if the President determines
that such portion or portions of that meeting is likely to
disclose matters that could endanger national security. If
the President makes such determination, the requirements
relating to a determination under section 10(d) of that Act
shall apply.
(c) 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 title.
(d) 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 title. 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.
(e) 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.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(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.
SEC. 606. 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.
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(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. 607. 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. 608. 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. 609. 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 title, 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. 610. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
to carry out this title $3,000,000, to remain available until
expended.
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