I 
109TH CONGRESS 
1ST SESSION H. R. 3003 
To establish an independent Commission to investigate detainee abuses. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2005 
Mr. WAXMAN (for himself, Ms. PELOSI, Mr. SKELTON, Mr. HOYER, Mr. 
MENENDEZ, Mr. CLYBURN, Mr. SPRATT, Ms. HARMAN, Mr. LANTOS, Mr. 
MURTHA, Mr. CONYERS, Mr. DINGELL, Mr. OBEY, Mr. RANGEL, Ms. 
SLAUGHTER, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ALLEN, Mr. AN-
DREWS, Mr. BACA, Ms. BALDWIN, Mr. BECERRA, Ms. BERKLEY, Mr. 
BERMAN, Mr. BISHOP of Georgia, Mr. BISHOP of New York, Mr. 
BLUMENAUER, Mr. BOUCHER, Mr. BRADY of Pennsylvania, Ms. CORRINE 
BROWN of Florida, Mr. BROWN of Ohio, Mr. BUTTERFIELD, Mrs. CAPPS, 
Mr. CAPUANO, Mr. CARDIN, Mr. CARDOZA, Mr. CARNAHAN, Mr. CLAY, 
Mr. CLEAVER, Mr. COOPER, Mr. COSTELLO, Mr. CROWLEY, Mr. 
CUMMINGS, Mr. DAVIS of Alabama, Mr. DAVIS of Illinois, Mr. DAVIS of 
Florida, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. DEGETTE, Mr. 
DELAHUNT, Ms. DELAURO, Mr. DICKS, Mr. DOGGETT, Mr. DOYLE, Mr. 
EMANUEL, Mr. ENGEL, Ms. ESHOO, Mr. EVANS, Mr. FARR, Mr. 
FATTAH, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GONZALEZ, Mr. 
GORDON, Mr. AL GREEN of Texas, Mr. GENE GREEN of Texas, Mr. 
GRIJALVA, Mr. GUTIERREZ, Mr. HASTINGS of Florida, Mr. HIGGINS, Mr. 
HINCHEY, Mr. HINOJOSA, Mr. HOLDEN, Mr. HOLT, Mr. HONDA, Ms. 
HOOLEY, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON of Illinois, Ms. JACK-
SON-LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. JONES 
of Ohio, Mr. KANJORSKI, Ms. KAPTUR, Mr. KENNEDY of Rhode Island, 
Mr. KILDEE, Ms. KILPATRICK of Michigan, Mr. KIND, Mr. KUCINICH, 
Mr. LANGEVIN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, 
Ms. LEE, Mr. LEVIN, Mr. LEWIS of Georgia, Ms. ZOE LOFGREN of Cali-
fornia, Mrs. LOWEY, Mr. LYNCH, Mrs. MCCARTHY, Ms. MCCOLLUM of 
Minnesota, Mr. MCDERMOTT, Mr. MCGOVERN, Ms. MCKINNEY, Mr. 
MCNULTY, Mrs. MALONEY, Mr. MARKEY, Ms. MATSUI, Mr. MEEHAN, 
Mr. MEEK of Florida, Mr. MEEKS of New York, Mr. MICHAUD, Ms. 
MILLENDER-MCDONALD, Mr. GEORGE MILLER of California, Mr. MOL-
LOHAN, Mr. MOORE of Kansas, Ms. MOORE of Wisconsin, Mr. MORAN 
of Kansas, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts, 
Ms. NORTON, Mr. OBERSTAR, Mr. OLVER, Mr. OWENS, Mr. PALLONE, 
Mr. PASCRELL, Mr. PASTOR, Mr. PAYNE, Mr. PRICE of North Carolina, 
Mr. RAHALL, Mr. REYES, Mr. ROSS, Mr. ROTHMAN, Ms. ROYBAL-AL-
LARD, Mr. RUPPERSBERGER, Mr. RUSH, Mr. SABO, Ms. LINDA T. 
SA´NCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. SAND-
ERS, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCOTT of Georgia, Mr. SCOTT 
of Virginia, Mr. SERRANO, Mr. SHERMAN, Mr. SMITH of Washington, 
Mr. SNYDER, Ms. SOLIS, Mr. STARK, Mr. STRICKLAND, Mr. STUPAK, 
Mrs. TAUSCHER, Mr. THOMPSON of Mississippi, Mr. THOMPSON of Cali-
fornia, Mr. TIERNEY, Mr. TOWNS, Mr. UDALL of Colorado, Mr. UDALL 
of New Mexico, Mr. VAN HOLLEN, Ms. VELA´ZQUEZ, Ms. WASSERMAN 
SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. WATT, Mr. WEINER, Mr. 
WEXLER, Ms. WOOLSEY, Mr. WU, Mr. WYNN, Ms. CARSON, and Mr. 
CASE) introduced the following bill; which was referred to the Committee 
on Armed Services 
A BILL 
To establish an independent Commission to investigate 
detainee abuses. 
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 in the legislative branch the 
Independent Commission on the Investigation of Detainee 
Abuses (in this title referred to as the ‘‘Commission’’). 
SEC. 2. DUTIES. 
(a) INVESTIGATION.—The Commission shall conduct 
a full, complete, independent, and impartial investigation 
of the abuses of detainees in connection with Operation 
Iraqi Freedom, Operation Enduring Freedom, or any op-
eration within the Global War on Terrorism, including but 
not limited to the following: 
(1) The extent of the abuses.
(2) Why the abuses occurred. 
(3) Who is responsible for the abuses. 
(4) Whether any particular Department of De-
fense, Department of State, Department of Justice, 
Central Intelligence Agency, National Security 
Council, or White House policies, procedures, or de-
cisions facilitated the detainee abuses. 
(5) What policies, procedures, or mechanisms 
failed to prevent the abuses. 
(6) What legislative or executive actions should 
be taken to prevent such abuses from occurring in 
the future. 
(7) The extent, if any, to which Guantanamo 
Detention Center policies influenced policies at the 
Abu Ghraib prison and other detention centers in 
and outside Iraq. 
(b) ASSESSMENT, ANALYSIS, AND EVALUATION.— 
During the course of its investigation, the Commission 
shall assess, analyze, and evaluate relevant persons, poli-
cies, procedures, reports, and events, including but not 
limited to the following: 
(1) The Military Chain of Command. 
(2) The National Security Council. 
(3) The Department of Justice. 
(4) The Department of State.
(5) The Office of the White House Counsel. 
(6) The Defense Intelligence Agency and the 
Central Intelligence Agency. 
(7) The approval process for interrogation tech-
niques used at detention facilities in Iraq, Cuba, Af-
ghanistan, and elsewhere. 
(8) The integration of military police and mili-
tary intelligence operations to coordinate detainee 
interrogation. 
(9) The roles and actions of private civilian con-
tractors in the abuses and whether they violated the 
Military Extraterritorial Jurisdiction Act or any 
other United States statutes or international treaties 
to which the United States is a party. 
(10) The role of nongovernmental organiza-
tions’ warnings to United States officials about the 
abuses. 
(11) The role of Congress and whether it was 
fully informed throughout the process that uncov-
ered these abuses. 
(12) The extent to which the United States 
complied with the applicable provisions of the Gene-
va Conventions of 1949, and the extent to which the 
United States may have violated international law by
restricting the access of the International Committee 
of the Red Cross to detainees. 
(13) The extent to which the United States 
complied with the applicable provisions of other 
human rights treaties, including the International 
Covenant on Civil and Political Rights and the Con-
vention Against Torture and Other Cruel, Inhuman 
or Degrading Treatment or Punishment. 
SEC. 3. COMPOSITION OF COMMISSION. 
(a) MEMBERS.—The Commission shall be composed 
of 10 members, of whom— 
(1) 1 member shall be appointed by the Presi-
dent; 
(2) 1 member shall be jointly appointed by the 
minority leader of the Senate and the minority lead-
er of the House of Representatives; 
(3) 2 members shall be appointed by the major-
ity leader of the Senate; 
(4) 2 members shall be appointed by the Speak-
er of the House of Representatives; 
(5) 2 members shall be appointed by the minor-
ity leader of the Senate; and 
(6) 2 members shall be appointed by the minor-
ity leader of the House of Representatives. 
(b) QUALIFICATIONS; INITIAL MEETING.—
(1) NONGOVERNMENTAL APPOINTEES.—An in-
dividual appointed to the Commission may not be an 
officer or employee of the Federal Government or 
any State or local government. 
(2) OTHER QUALIFICATIONS.—Individuals that 
shall be appointed to the Commission should be 
prominent United States citizens, with national rec-
ognition and significant depth of experience in such 
professions as governmental service, law enforce-
ment, the armed services, law, public administration, 
intelligence gathering, international human rights 
and humanitarian law, and foreign affairs. 
(3) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed within 45 
days following the enactment of this Act. 
(4) CHAIRMAN
AND
VICE
CHAIRMAN.—The 
chairman and vice chairman of the Commission shall 
be elected by a majority vote of the members. 
(5) MEETINGS.—The Commission shall meet 
and begin the operations of the Commission as soon 
as practicable. After its initial meeting, the Commis-
sion shall meet upon the call of the chairman or a 
majority of its members. 
(c) QUORUM; VACANCIES.—Six members of the Com-
mission 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. 
(d) CONFLICTS OF INTEREST.— 
(1) FINANCIAL
DISCLOSURE.—Each member 
appointed to the Commission shall submit a finan-
cial disclosure report pursuant to the Ethics in Gov-
ernment Act of 1978, notwithstanding the minimum 
required rate of compensation or time period em-
ployed. 
(2) INDEPENDENCE FROM SUBJECTS OF INVES-
TIGATIONS.—Each member appointed to the Com-
mission shall be independent of any agency, indi-
vidual, or institution that may be the subject of in-
vestigation by the Commission. 
SEC. 4. POWERS OF COMMISSION. 
(a) IN GENERAL.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose of carrying out this title— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, 
by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production 
of such books, records, correspondence, memo-
randa, papers, and documents, 
as the Commission or such designated subcommittee 
or designated member may determine advisable. 
(2) SUBPOENAS.— 
(A) ISSUANCE.— 
(i) IN GENERAL.—A subpoena may be 
issued under this subsection only— 
(I) by the agreement of the 
chairman and the vice chairman; or 
(II) by the affirmative vote of 6 
members of the Commission. 
(ii) SIGNATURE.—Subject to clause 
(i), 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. 
(B) ENFORCEMENT.—
(i) IN GENERAL.—In the case of con-
tumacy 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 sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished 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 
subsection, the Commission may, by major-
ity vote, certify a statement of fact consti-
tuting 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). 
(3) SCOPE.—In carrying out its duties under 
this Act, the Commission may examine the actions 
and representations of the current Administration as 
well as prior Administrations. 
(b) 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 of this Act. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission may secure 
directly from any executive department, bureau, 
agency, board, commission, office, independent es-
tablishment, or instrumentality of the Federal Gov-
ernment, information, suggestions, estimates, and 
statistics for the purposes of this Act. Each depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such infor-
mation, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommittee cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
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 
may 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. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT. 
(a) IN GENERAL.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission. 
(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—The Commission shall— 
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the reports re-
quired under section 9. 
(c) PUBLIC HEARINGS.—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. 
SEC. 6. STAFF OF COMMISSION. 
(a) IN GENERAL.— 
(1) APPOINTMENT AND COMPENSATION.—The 
chairman and the vice chairman jointly, in accord-
ance with rules agreed upon by the Commission, 
may appoint and fix the compensation of a staff di-
rector 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 competi-
tive 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 staff director and 
any personnel of the Commission who are em-
ployees 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.—Subpara-
graph (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 employ-
ment without interruption.
(c) CONSULTANT SERVICES.—The Commission is au-
thorized 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 per-
son 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 Commis-
sion 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 sec-
tion 5315 of title 5, United States Code, for each day dur-
ing which that member is engaged in the actual perform-
ance 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 Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons em-
ployed intermittently in the Government service are al-
lowed expenses under section 5703(b) of title 5, United 
States Code.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
(a) IN GENERAL.—Subject to subsection (b), the ap-
propriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the 
Commission members and staff appropriate security clear-
ances to the extent possible pursuant to existing proce-
dures and requirements. 
(b) EXCEPTION.—No person shall be provided with 
access to classified information under this title without the 
appropriate required security clearance access. 
SEC. 9. REPORTS OF COMMISSION; TERMINATION. 
(a) INTERIM REPORTS.—The Commission may sub-
mit to Congress and the President interim reports con-
taining such findings, conclusions, and recommendations 
for corrective measures as have been agreed to by a major-
ity of Commission members. 
(b) FINAL REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Commission 
shall submit to Congress and the President a final report 
containing such findings, conclusions, and recommenda-
tions for corrective measures as have been agreed to by 
a majority of Commission members. 
(c) FORM OF REPORT.—Each report prepared under 
this section shall be submitted in unclassified form, but 
may contain a classified annex.
(d) RECOMMENDATION TO MAKE PUBLIC CERTAIN 
CLASSIFIED INFORMATION.—If the Commission deter-
mines that it is in the public interest that some or all of 
the information contained in a classified annex of a report 
under this section be made available to the public, the 
Commission shall make a recommendation to the congres-
sional intelligence committees to make such information 
public, and the congressional intelligence committees shall 
consider the recommendation pursuant to the procedures 
under subsection (e). 
(e) PROCEDURE
FOR
DECLASSIFYING
INFORMA-
TION.— 
(1) The procedures referred to in subsection (d) 
are the procedures described in— 
(A) with respect to the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives, clause 11(g) of rule X of the Rules 
of the House of Representatives, One Hundred 
Ninth Congress; and 
(B) with respect to the Select Committee 
on Intelligence of the Senate, section 8 of Sen-
ate Resolution 400, Ninety-Fourth Congress. 
(2) In this section, the term ‘‘congressional in-
telligence committees’’ means—
(A) the Permanent Select Committee on 
Intelligence of the House of Representatives; 
and 
(B) the Select Committee on Intelligence 
of the Senate. 
SEC. 10. TERMINATION. 
(a) IN GENERAL.—The Commission, and all the au-
thorities of this Act, shall terminate 60 days after the date 
on which the final report is submitted under section 9(b). 
(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The Commission may use the 60-day period re-
ferred to in paragraph (1) for the purpose of concluding 
its activities, including providing testimony to committees 
of Congress concerning its reports and disseminating the 
final report. 
SEC. 11. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated funds not to exceed 
$5,000,000 for purposes of the activities of the Commis-
sion under this Act. 
(b) DURATION OF AVAILABILITY.—Amounts made 
available to the Commission under subsection (a) shall re-
main available until the termination of the Commission. 
Æ