I 
111TH CONGRESS 
1ST SESSION 
H. R. 104 
To establish a national commission on presidential war powers and civil 
liberties. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2009 
Mr. CONYERS (for himself, Mr. NADLER of New York, Ms. JACKSON-LEE of 
Texas, Mr. COHEN, Mr. JOHNSON of Georgia, and Mr. DELAHUNT) intro-
duced the following bill; which was referred to the Committee on Armed 
Services, and in addition to the Select Committee on Intelligence (Perma-
nent Select), the Judiciary, and Foreign Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a national commission on presidential war 
powers and civil liberties. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ESTABLISHMENT OF COMMISSION. 
There is established the National Commission on 
Presidential War Powers and Civil Liberties (hereinafter 
in this Act referred to as the ‘‘Commission’’) to investigate 
the broad range of policies of the Administration of Presi-
dent George W. Bush that were undertaken under claims 
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of unreviewable war powers, including detention by the 
United States Armed Forces and the intelligence commu-
nity, the use by the United States Armed Forces or the 
intelligence community of enhanced interrogation tech-
niques or interrogation techniques not authorized by the 
Uniform Code of Military Justice, ‘‘ghosting’’ or other 
policies intended to conceal the fact that an individual has 
been captured or detained, extraordinary rendition, do-
mestic warrantless electronic surveillance, and other poli-
cies that the Commission may determine to be relevant 
to its investigation (hereinafter in this Act referred to as 
‘‘the activities’’). 
SEC. 2. DUTIES. 
(a) IN GENERAL.—The Commission shall— 
(1) investigate relevant facts, circumstances and 
law surrounding the activities; and 
(2) report to the President and Congress the 
findings and conclusions of the Commission and any 
recommendations the Commission considers appro-
priate. 
(b) CONSIDERATION AND USE OF OTHER INVESTIGA-
TIONS.—In carrying out its duties, the Commission shall 
consider and use, to the extent it deems appropriate, the 
investigations that have been conducted by other entities 
so as to avoid unnecessary duplication. 
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(c) PROTECTION
OF NATIONAL SECURITY.—The 
Commission shall carry out its duties in a manner con-
sistent with the need to protect national security.
SEC. 3. COMPOSITION OF THE COMMISSION. 
(a) MEMBERS.—Subject to the requirements of sub-
section (b), the Commission shall be composed of 9 mem-
bers, of whom— 
(1) 1 member shall be appointed by the Presi-
dent of the United States; 
(2) 2 members shall be appointed by the major-
ity leader of the Senate; 
(3) 2 members shall be appointed by the minor-
ity leader of the Senate; 
(4) 2 members shall be appointed by the major-
ity leader of the House of Representatives; and 
(5) 2 members shall be appointed by the minor-
ity leader of the House of Representatives. 
(b) QUALIFICATIONS.— 
(1) POLITICAL PARTY AFFILIATION.—Not more 
than 5 members of the Commission shall be from 
the same political party. 
(2) 
NONGOVERNMENTAL
APPOINTEES.—No 
member of the Commission shall be an officer or em-
ployee of the Federal Government or any State or 
local government. 
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(3) OTHER QUALIFICATIONS.—It is the sense of 
Congress that individuals appointed to the Commis-
sion should be prominent United States citizens, 
with national recognition and significant depth of ex-
perience in such professions as governmental service, 
law enforcement, the armed services, constitutional 
law, civil liberties, intelligence gathering, national se-
curity, and foreign affairs. 
(4) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission should be appointed within 
120 days after the date of enactment of this Act. 
(5) INITIAL MEETING.—If, 60 days after the 
date of enactment of this Act, six or more members 
of the Commission have been appointed, those mem-
bers who have been appointed may meet and, if nec-
essary, select a temporary Chairperson and Vice 
Chairperson, who may begin the operations of the 
Commission, including the hiring of staff. 
(6) QUORUM; 
VACANCIES.—After its initial 
meeting, the Commission shall meet upon the call of 
the Chairperson or a majority of its members. Five 
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 
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manner in which the original appointment was 
made. 
(c) CHAIRPERSON; VICE CHAIRPERSON.— 
(1) IN GENERAL.—Subject to the requirement 
of paragraph (2), the Chairperson shall be appointed 
by the President and the Vice Chairperson of the 
Commission shall be appointed by the Senate minor-
ity leader. 
(2) 
POLITICAL
PARTY
AFFILIATION.—The 
Chairperson and Vice Chairperson shall not be from 
the same political party. 
SEC. 4. POWERS OF THE COMMISSION. 
(a) HEARINGS
AND EVIDENCE.—The Commission 
may, for purposes of carrying out this Act— 
(1) hold hearings, sit and act at times and 
places, take testimony, receive evidence, and admin-
ister oaths; and 
(2) require, by subpoena or otherwise, the at-
tendance and testimony of witnesses and the produc-
tion of books, records, correspondence, memoranda, 
papers, and documents. 
(b) SUBPOENAS.— 
(1) ISSUANCE.— 
(A) IN GENERAL.—The Commission may, 
by a majority vote, issue subpoenas requiring 
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the attendance and testimony of witnesses and 
the production of any evidence relating to any 
matter that the Commission is empowered to 
investigate under this section. The attendance 
of witnesses and the production of evidence may 
be required from any place within the United 
States at any designated place of hearing within 
the United States. 
(B) SIGNATURE.—Subpoenas issued under 
this paragraph may be issued under the signa-
ture of the Chair of the Commission, the chair 
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 such Chair, 
subcommittee chair, or member. 
(2) ENFORCEMENT.— 
(A) IN GENERAL.—If a person refuses to 
obey a subpoena issued under paragraph (1), 
the Commission may apply to a United States 
district court for an order requiring that person 
to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the 
matter under investigation. The application 
may be made within the judicial district where 
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the hearing is conducted or where that person 
is found, resides, or transacts business. Any 
failure to obey the order of the court may be 
punished by the court as civil contempt. 
(B) JURISDICTION.—In the case of contu-
macy or failure to obey a subpoena issued 
under paragraph (1), the United States district 
court for the judicial district in which the sub-
poenaed person resides, is served, or may be 
found, or where the subpoena is returnable, 
may issue an order requiring such person to ap-
pear 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. 
(C) ADDITIONAL ENFORCEMENT.—In the 
case of the failure of a witness to comply with 
any subpoena or to testify when summoned 
under authority of paragraph (1), the Commis-
sion, by majority vote, may certify a statement 
of fact attesting to such failure to the appro-
priate United States attorney, who shall bring 
the matter before the grand jury for its action, 
under the same statutory authority and proce-
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dures as if the United States attorney had re-
ceived a certification under sections 102 
through 104 of the Revised Statutes of the 
United States (2 U.S.C. 192 through 194). 
(c) CLOSED MEETINGS.—Notwithstanding any other 
provision of law which would require meetings of the Com-
mission to be open to the public, any portion of a meeting 
of the Commission may be closed to the public if the Presi-
dent determines that such portion is likely to disclose mat-
ters that could endanger national security. 
(d) CONTRACTING.—The Commission may, to such 
extent and in such amounts as are provided in appropria-
tion Acts, enter into contracts to enable the Commission 
to discharge its duties under this Act. 
(e) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any department, 
agency, or instrumentality of the United States any infor-
mation related to any inquiry of the Commission con-
ducted under this Act. Each such department, agency, or 
instrumentality shall, to the extent authorized by law, fur-
nish such information directly to the Commission upon re-
quest. 
(f) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
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to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance 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. 
(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. 
(h) POWERS OF SUBCOMMITTEES, MEMBERS, AND 
AGENTS.—Any subcommittee, member, or agent of the 
Commission may, if authorized by the Commission, take 
any action which the Commission is authorized to take by 
this section. 
SEC. 5. STAFF OF THE COMMISSION. 
(a) DIRECTOR.—The Commission shall have a Direc-
tor who shall be appointed by the Chairperson and the 
Vice Chairperson, acting jointly. 
(b) STAFF.—The Chairperson, in consultation with 
the Vice Chairperson, may appoint additional personnel as 
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