I 
★
112TH CONGRESS 
1ST SESSION 
H. R. 109 
To establish a national commission on presidential war powers and civil 
liberties. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 5, 2011 
Mr. CONYERS (for himself, Ms. JACKSON LEE of Texas, Mr. JOHNSON of 
Georgia, Mr. SCOTT of Virginia, and Mr. JONES) introduced the following 
bill; which was referred to the Committee on Armed Services, and in ad-
dition to the Committees on the Judiciary, Foreign Affairs, and Select 
Intelligence (Permanent Select), for a period to be subsequently deter-
mined 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 executive branch national security poli-
cies undertaken since the terrorist attacks of September 
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11, 2001, including detention by the United States Armed 
Forces and the intelligence community, the use by the 
United States Armed Forces or the intelligence commu-
nity of enhanced interrogation techniques 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, domestic warrantless electronic 
surveillance, targeted killings away from conventional bat-
tlefields, the use of the state secrets or other litigation tac-
tics or privileges to avoid judicial review of executive 
branch national security actions, and any other policies 
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 
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consider and use, to the extent it deems appropriate, the 
investigations that have been conducted by other entities 
so as to avoid unnecessary duplication. 
(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. 
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(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. 
(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 
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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. 
(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.— 
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(1) ISSUANCE.— 
(A) IN GENERAL.—The Commission may, 
by a majority vote, issue subpoenas requiring 
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-
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mony, produce evidence, or both, relating to the 
matter under investigation. The application 
may be made within the judicial district where 
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-
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priate United States attorney, who shall bring 
the matter before the grand jury for its action, 
under the same statutory authority and proce-
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. 
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(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) 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. 
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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 
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 
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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. 6. 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. 
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SEC. 7. 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. 8. 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 
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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. 9. 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 or the Commission is terminated. 
Æ 
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