I
107TH CONGRESS
2D SESSION
H. R. 4777
To establish the National Commission on Terrorist Attacks Upon the United
States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 20, 2002
Mr. ROEMER (for himself, Mr. GEPHARDT, Ms. PELOSI, Mr. SKELTON, Mr.
SPRATT, Mr. HASTINGS of Florida, Mr. TAYLOR of Mississippi, Mr. AN-
DREWS, Mr. TIERNEY, Mr. ROTHMAN, Mr. FORD, Mrs. CLAYTON, Mr.
TOWNS, Mr. WYNN, Mr. FARR of California, Ms. SCHAKOWSKY, Mr.
JACKSON of Illinois, Mr. FILNER, Mr. BLUMENAUER, Mr. LANGEVIN, Mr.
STRICKLAND, Mr. SABO, and Mr. ISRAEL) introduced the following bill;
which was referred to the Committee on Intelligence (Permanent Select),
and in addition to the Committees on the Judiciary, International Rela-
tions, and Transportation and Infrastructure, 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 the National Commission on Terrorist Attacks
Upon the United States, and for other purposes.
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
Terrorist Attacks Upon the United States (in this Act re-
ferred to as the ‘‘Commission’’).
SEC. 2. 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 Vir-
ginia;
(2) ascertain, evaluate, and report on the evi-
dence developed by all relevant governmental agen-
cies regarding the facts and circumstances sur-
rounding the attacks;
(3) make a full and complete accounting of the
circumstances surrounding the attacks, and the ex-
tent of the United States’ preparedness for, and re-
sponse to, the attacks; and
(4) investigate and report to the President and
Congress on its findings, conclusions, and rec-
ommendations for corrective measures that can be
taken to prevent acts of terrorism.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) MEMBERS.—Subject to the requirements of sub-
section (b), the Commission shall be composed of 10 mem-
bers, of whom—
(1) 3 members shall be appointed by the major-
ity leader of the Senate;
(1) IN GENERAL.—Subject to the requirement
of paragraph (2), the Chairperson and Vice Chair-
person 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.
(d) INITIAL MEETING.—If 60 days after the date of
enactment of this Act, 6 or more members of the Commis-
sion have been appointed, those members who have been
appointed may meet and, if necessary, select a temporary
Chairperson and Vice Chairperson, who may begin the op-
erations of the Commission, including the hiring of staff.
(e) QUORUM; VACANCIES.—After its initial meeting,
the Commission shall meet upon the call of the Chair-
person 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. 4. FUNCTIONS OF THE COMMISSION.
(a) IN GENERAL.—The functions of the Commission
are to—
(1) investigate the relevant facts and cir-
cumstances relating to the terrorist attacks of Sep-
tember 11, 2001, including any relevant legislation,
Executive order, regulation, plan, policy, practice, or
procedure;
(2) identify, review, and evaluate the lessons
learned from the terrorist attacks of September 11,
2001, regarding the structure, coordination, man-
agement 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 ter-
rorist attacks; and
(3) submit to the President and Congress such
reports as are required by this Act containing such
findings, conclusions, and recommendations as the
Commission shall determine, including proposing or-
ganization, coordination, planning, management ar-
rangements, procedures, rules, and regulations.
(b) SCOPE OF INVESTIGATION.—For purposes of sub-
section (a)(1), the term ‘‘facts and circumstances’’ in-
cludes facts and circumstances relating to—
(1) intelligence agencies;
(2) law enforcement agencies;
(3) diplomacy;
(4) immigration, nonimmigrant visas, and bor-
der control;
(5) the flow of assets to terrorist organizations;
(6) commercial aviation; and
(7) other areas of the public and private sectors
determined relevant by the Commission for its in-
quiry.
SEC. 5. 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) SERVICE.—Subpoenas issued under sub-
section (a)(2) may be served by any person des-
ignated by the Commission.
(2) ENFORCEMENT.—
(A) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued
under subsection (a)(2), the United States dis-
trict 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 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.
(B) 
ADDITIONAL
ENFORCEMENT.—Sec-
tions 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through
194) shall apply in the case of any failure of
any witness to comply with any subpoena or to
testify when summoned under authority of this
section.
(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
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) GIFTS.—The Commission may, to such extent
and in such amounts as are provided in appropriation
Acts, accept, use, and dispose of gifts or donations of serv-
ices or property.
(h) 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.
(i) 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. 6. 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
may be necessary to enable the Commission to carry out
its functions.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may be paid 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 sub-
section 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. Any individual ap-
pointed under subsection (a) or (b) shall be treated as an
employee for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(d) 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.
(e) 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 not to exceed the daily equiva-
lent 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 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.
The appropriate executive departments and agencies
shall cooperate with the Commission in expeditiously pro-
viding 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 secu-
rity clearance.
SEC. 9. REPORTS OF THE COMMISSION; TERMINATION.
(a) INITIAL REPORT.—Not later than 1 year after
the date of the first meeting of the Commission, the Com-
mission shall submit to the President and Congress an ini-
tial report containing such findings, conclusions, and rec-
ommendations for corrective measures as have been
agreed to by a majority of Commission members.
(b) FINAL REPORT.—Not later than 6 months after
the submission of the initial report of the Commission, the
Commission shall submit to the President and Congress
a final 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 Act, shall terminate 60 days after
the date on which the final report is submitted
under subsection (b).
(2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
MINATION.—The Commission may use the 60-day
period referred to in paragraph (1) for the purpose
of concluding its activities, including providing testi-
mony to committees of Congress concerning its re-
ports and disseminating the second report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Com-
mission to carry out this Act $3,000,000, to remain avail-
able until expended.
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