```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1248 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1248

 To establish the National Commission on the Anthrax Attacks Upon the 
United States to examine and report upon the facts and causes relating 
   to the anthrax letter attacks of September and October 2001, and 
 investigate and report to the President and Congress on its findings, 
 conclusions, and recommendations for corrective measures that can be 
         taken to prevent and respond to acts of bioterrorism.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2009

   Mr. Holt (for himself, Mr. Nadler of New York, and Mr. Cummings) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To establish the National Commission on the Anthrax Attacks Upon the 
United States to examine and report upon the facts and causes relating 
   to the anthrax letter attacks of September and October 2001, and 
 investigate and report to the President and Congress on its findings, 
 conclusions, and recommendations for corrective measures that can be 
         taken to prevent and respond to acts of bioterrorism.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anthrax Attacks Investigation Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``National 
Commission on the Anthrax Attacks Upon the United States'' (in this Act 
referred to as the ``Commission'').

SEC. 3. PURPOSES.

    The purposes of the Commission are to--
            (1) examine and report upon the facts and causes relating 
        to the anthrax letter attacks of September and October 2001;
            (2) ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the attacks;
            (3) determine whether all credible leads and information 
        regarding the potential perpetrator of the attacks were pursued 
        with due diligence by Federal investigators;
            (4) ascertain the full range of individuals who could have 
        had access to the type of anthrax used in the attacks, and 
        determine the full extent to which all such individuals were 
        thoroughly investigated for any potential involvement in the 
        attacks;
            (5) make a full and complete accounting of the 
        circumstances surrounding the attacks, and the extent of the 
        Federal Governments' preparedness for, and immediate response 
        to, the attacks; and
            (6) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures that can be taken to prevent and respond to acts of 
        bioterrorism.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 11 
members appointed as follows:
            (1) 1 member appointed by the President.
            (2) 1 member appointed by the majority leader of the 
        Senate, in consultation with the minority leader of the Senate, 
        who shall serve as chairman of the Commission.
            (3) 1 member appointed by the Speaker of the House of 
        Representatives, in consultation with the minority leader of 
        the House, who shall serve as vice chairman of the Commission.
            (4) 2 members appointed by the majority leader of the 
        Senate.
            (5) 2 members appointed by the majority leader of the House 
        of Representatives.
            (6) 2 members appointed by the minority leader of the 
        Senate.
            (7) 2 members appointed by the minority leader of the House 
        of Representatives.
    (b) Qualifications.--
            (1) Political party affiliation.--Not more than 6 members 
        appointed to 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 professions such as 
        governmental service, law enforcement, law, public health, 
        public administration, science and technology, intelligence 
        gathering, commerce, transportation, and foreign affairs.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed no later than 60 days of the 
        enactment of this Act.
    (c) Subcommittees.--The Chairman may establish subcommittees for 
the purpose of carrying out the duties of the Commission.
    (d) Meetings.--
            (1) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable 
        following the appointment of the 11 members.
            (2) Subsequent meetings.--The Commission shall meet upon 
        the call of the chairman or a majority of its members. All such 
        meetings shall be open to the public unless classified 
        information or internal personnel matters involving the 
        Commission are to be discussed, in which case such meetings 
        shall be closed to the public.
    (e) Quorum.--Six members of the Commission shall constitute a 
quorum.
    (f) Vacancies.--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. 5. DUTIES OF COMMISSION.

    (a) In General.--The duties of the Commission are to--
            (1) conduct an investigation relating to the anthrax letter 
        attacks of September and October 2001 that investigates 
        relevant facts and circumstances surrounding the attacks, 
        including any relevant legislation, Executive order, 
        regulation, plan, policy, practice, or procedure;
            (2) ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the attacks;
            (3) determine whether all credible leads and information 
        regarding the potential perpetrator of the attacks were pursued 
        with due diligence by Federal investigators;
            (4) ascertain the full range of individuals who could have 
        had access to the type of anthrax used in the attacks and 
        determine the full extent to which all such individuals were 
        thoroughly investigated for any potential involvement in the 
        attacks;
            (5) make a full and complete accounting of the 
        circumstances surrounding the attacks, and the extent of the 
        Federal Governments' preparedness for, and immediate response 
        to, the attacks;
            (6) identify, review, and evaluate the lessons learned from 
        the attacks 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 
        bioterrorism attacks;
            (7) submit to the President and Congress reports in 
        accordance with section 10; and
            (8) bring to the attention of the Attorney General and 
        Congress any evidence of potential violations of Federal law or 
        regulations uncovered by the Commission during the course of 
        its investigation.
    (b) Investigations and Reports.--The investigation and report 
authorized under subsection (a) may include relevant facts and 
circumstances relating to--
            (1) intelligence and law enforcement agencies;
            (2) diplomacy;
            (3) the delivery, processing, and handling of mail, 
        parcels, or packages within the United States or its 
        territories by either government or commercial entities world-
        wide;
            (4) the ability of individuals or terrorist organizations 
        to acquire the scientific knowledge and means to manufacture 
        and deliver chemical, biological, or radiological weapons via 
        mail, parcels, or packages;
            (5) the physical and personnel security measures and 
        procedures employed by government, nonprofit, and private 
        sector laboratories or other entities using, storing or 
        shipping agents on the Centers for Disease Control's Select 
        Agents and Toxins List;
            (6) the role of Congressional oversight and resource 
        allocation; and
            (7) other areas of the public and private sectors 
        determined relevant by the Commission for its inquiry.

SEC. 6. POWERS OF COMMISSION.

    (a) In General.--The Commission or, on the authority of the 
Commission, any subcommittee or member thereof, shall, for the purpose 
of carrying out its duties--
            (1) hold hearings and sit and act at such times and places 
        as the Commission considers appropriate, take testimony, 
        receive evidence, and administer oaths; and
            (2) in accordance with subsection (b), require, by subpoena 
        or otherwise, the attendance and testimony of witnesses and the 
        production of books, records, correspondence, memoranda, 
        papers, and documents, as the Commission or designated 
        subcommittee or member may determine advisable.
    (b) Subpoenas.--
            (1) Issuance.--A subpoena may be issued by the Commission 
        only--
                    (A) by the agreement of the chairman and the vice 
                chairman; or
                    (B) by the affirmative vote of a majority of 
                members of the Commission.
            (2) Signature.--Subject to paragraph (1), subpoenas issued 
        under this subsection may be issued under the signature of the 
        chairman or any member designated by a majority of the 
        Commission, and may be served by any person designated by the 
        chairman or by a member designated by a majority of the 
        Commission.
            (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 
        an application is made under paragraph (3) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
            (5) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under this 
                subsection, 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 civil contempt.
                    (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 Commission may, by majority vote, certify 
                a statement of fact constituting such failure to the 
                appropriate United States attorney, who shall bring the 
                matter before the grand jury for its action, under the 
                same authority and procedures as if the United States 
                attorney had received a certification under section 104 
                of the Revised Statutes of the United States (2 U.S.C. 
                194).
    (c) Public Reports; Hearings.--
            (1) Requiring public access.--The Commission shall hold 
        public hearings and meetings and release public versions of the 
        reports submitted in accordance with section 10.
            (2) Protection of information.--Any public hearings of the 
        Commission shall be conducted in a manner consistent with the 
        protection of information provided to or developed for or by 
        the Commission as required by any applicable statute, 
        regulation, or Executive order.
    (d) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for services 
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
    (e) Information From Federal Agencies.--
            (1) In general.--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.
            (2) Declassification requests.--Each department, bureau, 
        agency, board, commission, office, independent establishment, 
        or instrumentality shall--
                    (A) review on an expedited basis any requests for 
                declassification of classified material made by the 
                Commission; and
                    (B) declassify and supply to the Commission such 
                information as the Commission requests consistent with 
                applicable requirements to protect sources and methods.
    (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 at the request of the Commission 
        shall provide such services, funds, facilities, staff, and 
        other support services as may be authorized by law.
    (g) Gifts.--The Commission may accept, use, and dispose of gifts, 
bequests, devises of services or property, both real and personal, or 
donations of services or property, for the purpose of aiding or 
facilitating the work of the Commission.
    (h) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the United States.
    (i) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.

SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission to provide the Commission members appropriate 
security clearances pursuant to existing procedures and requirements.

SEC. 8. 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 receive 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. 9. STAFF OF COMMISSION.

    (a) Appointment and Compensation.--Subject to the rules of the 
Commission, the chairman, in consultation with the vice chairman, may 
appoint and fix the compensation of a executive 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.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and shall 
retain the rights, status, and privileges of his or her regular 
employment without interruption.
    (c) Consultant Services.--The Commission may procure the services 
of experts and consultants in accordance with section 3109(b) of title 
5, United States Code, but at rates not to exceed the daily rate paid 
under level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (d) National Academy of Sciences Staff Recommendations.--The 
chairman and vice chairman of the Commission shall seek the 
recommendations of the National Academy of Sciences regarding the 
desired qualifications of scientific staff to be hired directly or on a 
consultant basis by the Commission.
    (e) Prohibiting Conflicts of Interest.--No individual who 
participated in the criminal investigation into the anthrax letter 
attacks may be detailed to, or may provide any paid or unpaid services 
to, the Commission.

SEC. 10. REPORTS OF THE COMMISSION.

    (a) Final Report.--Not later than 18 months after the date of the 
enactment of this Act, the Commission shall transmit a final report 
containing such findings, conclusions, and recommendations for 
corrective measures as have been agreed to by a majority of the 
Commission, including proposing organization, coordination, planning 
and management arrangements, procedures, rules, and regulations. The 
final report shall be unclassified but may include a classified annex, 
if necessary.
    (b) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of the Commission members.
    (c) Dissenting Views.--Both the interim and final reports shall 
contain the dissenting views of any commission member who wishes to 
have his or her views published.

SEC. 11. TERMINATION.

    The Commission shall terminate 60 days after submitting its final 
report under section 10(a).

SEC. 12. FUNDING.

    There are authorized to be appropriated such sums as are necessary 
for the operation of the Commission.
                                 <all>
```