I 

112TH CONGRESS 

1ST SESSION H. R. 2623 

To establish a National Commission to Review the National Response Since 

the Terrorist Attacks of September 11, 2001. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘9/11 Commission Re5 view Act’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established in the legislative branch a Na8 tional Commission to Review the National Response Since 

9 the Terrorist Attacks of September 11, 2001 (referred to 

10 as the ‘‘9/11 Review Commission’’). 


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1 SEC. 3. PURPOSES OF THE 9/11 REVIEW COMMISSION. 

2 The 9/11 Review Commission shall conduct a com3 prehensive review of the implementation of the rec4 ommendations proposed in the report issued by the Na5 tional Commission on Terrorist Attacks Upon the United 

6 States (commonly known as the ‘‘9/11 Commission’’), as 

7 established pursuant to section 601 of the Intelligence Au8 thorization Act for Fiscal Year 2003 (Public Law 107– 

9 306). The review of the 9/11 Review Commission shall— 

10 (1) assess the progress and challenges in car11 rying out the recommendations of the 9/11 Commis12 sion, including any relevant legislation, Executive 

13 order, regulation, plan, policy, practice, or procedure 

14 implemented since the attacks of September 11, 

15 2001; 

16 (2) analyze the trends of domestic terror at17 tacks since the attacks of September 11, 2001, in18 cluding the growing influence of domestic radicaliza19 tion and its causes, and recommendations on how 

20 Federal, State, and local agencies can deter and 

21 mitigate such radicalization; 

22 (3) investigate whether there exists evidence 

23 that was not considered by the 9/11 Commission of 

24 any conduct, relationships, or other factors which 

25 served in any manner to contribute to, facilitate, 


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1 support, or assist the hijackers who carried out the 

2 terrorist attacks of September 11, 2001; and 

3 (4) provide additional recommendations with re4 gard to protecting United States homeland security, 

5 ensuring interagency intelligence sharing, and other 

6 matters relating to counterterrorism policy. 

7 SEC. 4. COMPOSITION OF THE 9/11 REVIEW COMMISSION. 

8 The 9/11 Review Commission shall be composed of 

9 a chairman, to be appointed by the Speaker of the House 

10 of Representatives, and a vice chairman, to be appointed 

11 by the Majority Leader of the Senate. 

12 SEC. 5. AUTHORITY OF 9/11 REVIEW COMMISSION. 

13 (a) HEARINGS AND EVIDENCE.—The 9/11 Review 

14 Commission, or any panel acting on the authority of the 

15 9/11 Review Commission, may— 

16 (1) hold hearings, take testimony, receive evi17 dence, and administer oaths; and 

18 (2) subject to subsection (b)(1), require, by sub19 poena or otherwise, the attendance and testimony of 

20 such witnesses and the production of such books, 

21 records, correspondence, memoranda, electronic com22 munications, papers, and documents, as the 9/11 

23 Review Commission or such designated panel may 

24 determine advisable. 

25 (b) SUBPOENA AUTHORITY.— 


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1 (1) ISSUANCE.—Upon the agreement of the 

2 chairman and the vice chairman, the chairman may 

3 issue a subpoena to compel the production of docu4 ments or sworn testimony. 

5 (2) PROCESS.—Subpoenas issued pursuant to 

6 this subsection shall be signed by the chairman or 

7 any person designated by the chairman, and may be 

8 served by any person designated by the chairman. 

9 (3) ENFORCEMENT.— 

10 (A) IN GENERAL.—In the event that any 

11 person fails to obey a subpoena issued pursuant 

12 to paragraph (1), the United States district 

13 court for the judicial district in which the sub14 poenaed person resides, is served, or may be 

15 found, or where the subpoena is returnable, 

16 may issue an order requiring such person to ap17 pear at any designated place to testify or to 

18 produce documentary or other evidence. Any 

19 person failing to obey the order of the court 

20 may be held in contempt of the court. 

21 (B) ADDITIONAL ENFORCEMENT.—In the 

22 case of any failure of any witness to comply 

23 with any subpoena or to testify when sum24 moned under authority of this section, the 

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1 stituting such failure to the appropriate United 

2 States attorney, who may bring the matter be3 fore the grand jury for its action, under the 

4 same statutory authority and procedures as if 

5 the United States attorney had received a cer6 tification under sections 102 through 104 of the 

7 Revised Statutes of the United States (2 U.S.C. 

8 192–194). 

9 (c) INFORMATION FROM FEDERAL AGENCIES.— 

10 (1) IN GENERAL.—The 9/11 Review Commis11 sion is authorized to secure directly from any execu12 tive department, bureau, agency, board, commission, 

13 office, independent establishment, or instrumentality 

14 of the Government, information, suggestions, esti15 mates, and statistics for the purposes of this Act. 

16 Each such department, bureau, agency, board, com17 mission, office, independent establishment, or instru18 mentality shall, to the extent authorized by law, fur19 nish such information, suggestions, estimates, and 

20 statistics directly to the 9/11 Review Commission, 

21 upon request made by the chairman or the vice 

22 chairman. 

23 (2) RECEIPT, HANDLING, STORAGE, AND DIS24 SEMINATION.—Information shall only be received, 

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1 view Commission, including its staff, in accordance 

2 with all applicable statutes, regulations, and Execu3 tive orders. 

4 (d) ADVISORY PANELS.—The chairman may estab5 lish advisory panels composed of individuals, including 

6 such experts as the chairman determines appropriate, who 

7 may undertake investigations, evaluate evidence, make 

8 findings, and provide recommendations to the 9/11 Review 

9 Commission. 

10 (e) CONTRACTING.—The 9/11 Review Commission 

11 may, to such extent and in such amounts as are provided 

12 in by appropriations, enter into contracts to enable the 

13 Commission to discharge its duties under this title. 

14 (f) ASSISTANCE FROM FEDERAL AGENCIES.— 

15 (1) GENERAL SERVICES ADMINISTRATION.— 

16 The Administrator of General Services shall provide 

17 to the 9/11 Review Commission, on a reimbursable 

18 basis, administrative support and other services for 

19 the performance of the 9/11 Review Commission’s 

20 functions. 

21 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

22 addition to the assistance prescribed in paragraph 

23 (1), the heads of Federal departments and agencies 

24 may provide to the 9/11 Review Commission such 

25 services, funds, facilities, staff, and other support 


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1 services as such heads may determine advisable and 

2 as may be authorized by law. 

3 (g) POSTAL SERVICES.—The 9/11 Review Commis4 sion may use the United States mails in the same manner 

5 and under the same conditions as Federal departments 

6 and agencies. 

7 SEC. 6. COMPENSATION. 

8 The chairman and vice chairman of the 9/11 Review 

9 Commission may receive compensation in an amount not 

10 to exceed the daily equivalent of the annual rate of basic 

11 pay in effect for a position at level IV of the Executive 

12 Schedule under section 5315 of title 5, United States 

13 Code, for each day during which the chairman or vice 

14 chairman, as the case may be, is engaged in the actual 

15 performance of the duties of the 9/11 Review Commission. 

16 SEC. 7. APPOINTMENT OF STAFF. 

17 (a) IN GENERAL.—The chairman, in consultation 

18 with the vice chairman and in accord with any rule agreed 

19 upon by the 9/11 Review Commission, may appoint and 

20 fix the compensation of a staff director and such other 

21 personnel as may be necessary to enable the 9/11 Review 

22 Commission to carry out its functions, without regard to 

23 the provisions of title 5, United States Code, governing 

24 appointments in the competitive service, and without re25 gard to the provisions of chapter 51 and subchapter III 


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1 of chapter 53 of such title relating to classification and 

2 General Schedule pay rates, except that no rate of pay 

3 fixed under this subsection may exceed the equivalent of 

4 that payable for a position at level V of the Executive 

5 Schedule under section 5316 of title 5, United States 

6 Code. 

7 (b) TRAVEL EXPENSES.—While away from their 

8 homes or regular places of business in the performance 

9 of services for the 9/11 Review Commission, members and 

10 staff of the Commission shall be allowed travel expenses, 

11 including per diem in lieu of subsistence, in the same man12 ner as persons employed intermittently in the Government 

13 service are allowed expenses under section 5703(b) of title 

14 5, United States Code. 

15 (c) STAFF AS FEDERAL EMPLOYEES.— 

16 (1) IN GENERAL.—Any staff receiving com17 pensation under this section shall be employees 

18 under section 2105 of title 5, United States Code, 

19 for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 

20 and 90 of such title. 

21 (2) MEMBERS OF COMMISSION.—Paragraph (1) 

22 shall not be construed to apply to the chairman or 

23 vice chairman. 

24 (d) DETAILEES.—Any Federal Government employee 

25 may be detailed to the 9/11 Review Commission without 


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1 reimbursement from the 9/11 Review Commission, and 

2 such detailee shall retain the rights, status, and privileges 

3 of his or her regular employment without interruption. 

4 (e) CONSULTANT SERVICES.—The 9/11 Review Com5 mission is authorized to procure the services of experts 

6 and consultants in accordance with section 3109 of title 

7 5, United States Code, but at rates not to exceed the daily 

8 rate paid to a person occupying a position at level IV of 

9 the Executive Schedule under section 5315 of title 5, 

10 United States Code. 

11 SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEM12 BERS AND STAFF. 

13 The appropriate Federal agencies or departments 

14 shall provide to the 9/11 Review Commission, to the extent 

15 possible, personnel with appropriate security clearances. 

16 No person shall be provided with access to classified infor17 mation under this Act without the appropriate security 

18 clearances. 

19 SEC. 9. NONAPPLICABILITY OF FEDERAL ADVISORY COM20 MITTEE ACT. 

21 (a) IN GENERAL.—The Federal Advisory Committee 

22 Act (5 U.S.C. App.) shall not apply to the 9/11 Review 

23 Commission. 


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1 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

2 VERSIONS OF REPORTS.—The 9/11 Review Commission 

3 shall— 

4 (1) hold public hearings and meetings to the ex5 tent appropriate; and 

6 (2) release public versions of the reports re7 quired under this Act. 

8 (c) PUBLIC HEARINGS.—Any public hearings of the 

9 9/11 Review Commission shall be conducted in a manner 

10 consistent with the protection of information provided to 

11 or developed for or by the 9/11 Review Commission as re12 quired by any applicable statute, regulation, or Executive 

13 order. 

14 SEC. 10. REPORTS OF 9/11 REVIEW COMMISSION. 

15 (a) INTERIM REPORTS.—The 9/11 Review Commis16 sion may submit to the President and provide to Congress 

17 interim reports containing its findings, conclusions, and 

18 recommendations, and may submit with such reports any 

19 classified annexes. 

20 (b) FINAL REPORT.—Not later than 12 months after 

21 the date of the enactment of this Act, the 9/11 Review 

22 Commission shall submit to the President and appropriate 

23 congressional committees (as such term is defined in sec24 tion 101 of the Homeland Security Act of 2002 (6 U.S.C. 

25 101)) a final report, together with a classified annex if 


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1 such is determined appropriate, containing such findings, 

2 conclusions, and recommendations for corrective measures 

3 as have been agreed to by the chairman and vice chair4 man. 

5 (c) TERMINATION.— 

6 (1) IN GENERAL.—The 9/11 Review Commis7 sion, and all the authorities of this Act, shall termi8 nate 30 days after the date on which the final report 

9 is submitted under subsection (b). 

10 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER11 MINATION.—The 9/11 Review Commission may use 

12 the 30-day period referred to in paragraph (1) for 

13 the purpose of concluding its activities, including 

14 providing testimony to Congress concerning its re15 ports and disseminating the final report. 

16 SEC. 11. FUNDING. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated $1,000,000 to carry out this 

19 Act. 

20 (b) DURATION OF AVAILABILITY.—Amounts made 

21 available to the 9/11 Review Commission under this sec22 tion shall remain available until the termination of the 9/ 

23 11 Review Commission. 

Æ 


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