SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anthrax Attacks Inves-
tigation Act of 2008’’. 
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 ‘‘Commis-
sion’’). 
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 Sep-
tember and October 2001; 
(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) determine whether all credible leads and in-
formation regarding the potential perpetrators 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 inves-
tigated for any potential involvement in the attacks; 
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(5) make a full and complete accounting of the 
circumstances surrounding the attacks, and the ex-
tent 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 rec-
ommendations 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 Lead-
er of the Senate. 
(5) 2 members appointed by the Majority Lead-
er of the House of Representatives. 
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(6) 2 members appointed by the Minority Lead-
er of the Senate. 
(7) 2 members appointed by the Minority Lead-
er 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 in-
dividual 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 Commis-
sion should be prominent United States citizens with 
national recognition and significant depth of experi-
ence in professions such as governmental service, 
law enforcement, law, public health, public adminis-
tration, science and technology, intelligence gath-
ering, commerce, transportation, and foreign affairs. 
(4) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed no later 
than 60 days of the enactment of this Act. 
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(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 major-
ity 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.—6 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 an-
thrax letter attacks of September and October 2001 
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that investigates relevant facts and circumstances 
surrounding the attacks, including any relevant leg-
islation, Executive order, regulation, plan, policy, 
practice, or procedure; 
(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) determine whether all credible leads and in-
formation regarding the potential perpetrators 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 ex-
tent 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, co-
ordination, management policies, and procedures of 
the Federal Government, and, if appropriate, State 
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and local governments and nongovernmental entities, 
relative to detecting, preventing, and responding to 
bioterrorism attacks; 
(7) submit to the President and Congress re-
ports in accordance with section 10; and 
(8) bring to the attention of the Attorney Gen-
eral and Congress any evidence of potential viola-
tions of Federal law or regulations uncovered by the 
Commission during the course of its investigation. 
(b) INVESTIGATIONS AND REPORTS.—The investiga-
tion and report authorized under subsection (a) may in-
clude 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 organi-
zations to acquire the scientific knowledge and 
means to manufacture and deliver chemical, biologi-
cal, or radiological weapons via mail, parcels, or 
packages; 
(5) the physical and personnel security meas-
ures and procedures employed by government, non-
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profit, and private sector laboratories or other enti-
ties using, storing or shipping agents on the Centers 
for Disease Control’s Select Agents and Toxins List; 
(6) the role of Congressional oversight and re-
source allocation; and 
(7) other areas of the public and private sectors 
determined relevant by the Commission for its in-
quiry. 
SEC. 6. POWERS OF COMMISSION. 
(a) IN GENERAL.—The Commission or, on the au-
thority 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 testi-
mony of witnesses and the production of books, 
records, correspondence, memoranda, papers, and 
documents, as the Commission or designated sub-
committee or member may determine advisable. 
(b) SUBPOENAS.— 
(1) ISSUANCE.—A subpoena may be issued by 
the Commission only— 
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(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 Commis-
sion, 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 Pro-
cedure for the United States district courts. 
(4) SERVICE OF PROCESS.—All process of any 
court to which an application is made under para-
graph (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 contu-
macy or failure to obey a subpoena issued 
under this subsection, the United States district 
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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 civil contempt. 
(B) ADDITIONAL ENFORCEMENT.—In the 
case of any failure of any witness to comply 
with any subpoena or to testify when sum-
moned under authority of this section, the Com-
mission may, by majority vote, certify a state-
ment of fact constituting such failure to the ap-
propriate United States attorney, who shall 
bring the matter before the grand jury for its 
action, under the same authority and proce-
dures as if the United States attorney had re-
ceived 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 Commis-
sion shall hold public hearings and meetings and re-
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lease public versions of the reports submitted in ac-
cordance with section 10. 
(2) PROTECTION OF INFORMATION.—Any pub-
lic hearings of the Commission shall be conducted in 
a manner consistent with the protection of informa-
tion provided to or developed for or by the Commis-
sion as required by any applicable statute, regula-
tion, 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 author-
ized to secure directly from any executive depart-
ment, 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 de-
partment, bureau, agency, board, commission, office, 
independent 
establishment, 
or 
instrumentality 
shall— 
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(A) review on an expedited basis any re-
quests for declassification of classified material 
made by the Commission; and 
(B) declassify and supply to the Commis-
sion such information as the Commission re-
quests 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 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 
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 prop-
erty, for the purpose of aiding or facilitating the work of 
the Commission. 
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(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 COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Commission. 
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
The appropriate Federal agencies or departments 
shall cooperate with the Commission to provide the Com-
mission members appropriate security clearances pursuant 
to existing procedures and requirements. 
SEC. 8. 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 receive travel expenses, including per diem in 
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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. 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 com-
pensation 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 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. 
(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. 
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(c) CONSULTANT SERVICES.—The Commission may 
procure the services of experts and consultants in accord-
ance 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 REC-
OMMENDATIONS.—The chairman and vice chairman of the 
Commission shall seek the recommendations of the Na-
tional Academy of Sciences regarding the desired quali-
fications of scientific staff to be hired directly or on a con-
sultant basis by the Commission. 
(e) PROHIBITING CONFLICTS OF INTEREST.—No in-
dividual who participated in the criminal investigation into 
the anthrax letter attacks may be detailed to, or may pro-
vide 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, con-
clusions, and recommendations for corrective measures as 
have been agreed to by a majority of the Commission, in-
cluding proposing organization, coordination, planning 
and management arrangements, procedures, rules, and 
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regulations. The final report shall be unclassified but may 
include a classified annex, if necessary. 
(b) INTERIM REPORTS.—The Commission may sub-
mit to the President and Congress interim reports con-
taining 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 commis-
sion member who wishes to have his or her views pub-
lished. 
SEC. 11. TERMINATION. 
The Commission shall terminate 60 days after sub-
mitting 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. 
Æ 
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