[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7049 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 7049
To establish the National Commission on the Anthrax Attacks Upon the
United States to examine and report upon the facts and causes relating
to the anthrax letter attacks of September and October 2001, and
investigate and report to the President and Congress on its findings,
conclusions, and recommendations for corrective measures that can be
taken to prevent and respond to acts of bioterrorism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2008
Mr. Holt introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish the National Commission on the Anthrax Attacks Upon the
United States to examine and report upon the facts and causes relating
to the anthrax letter attacks of September and October 2001, and
investigate and report to the President and Congress on its findings,
conclusions, and recommendations for corrective measures that can be
taken to prevent and respond to acts of bioterrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anthrax Attacks Investigation 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 ``Commission'').
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 September and October 2001;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) determine whether all credible leads and information
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 extent 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 recommendations 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 Leader of the
Senate.
(5) 2 members appointed by the Majority Leader of the House
of Representatives.
(6) 2 members appointed by the Minority Leader of the
Senate.
(7) 2 members appointed by the Minority Leader 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 individual 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 Commission should be prominent
United States citizens with national recognition and
significant depth of experience in professions such as
governmental service, law enforcement, law, public health,
public administration, science and technology, intelligence
gathering, commerce, transportation, and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission shall be appointed no later than 60 days of the
enactment of this Act.
(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 majority 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 anthrax letter
attacks of September and October 2001 that investigates
relevant facts and circumstances surrounding the attacks,
including any relevant legislation, Executive order,
regulation, plan, policy, practice, or procedure;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) determine whether all credible leads and information
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 extent 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, coordination, management
policies, and procedures of the Federal Government, and, if
appropriate, State and local governments and nongovernmental
entities, relative to detecting, preventing, and responding to
bioterrorism attacks;
(7) submit to the President and Congress reports in
accordance with section 10; and
(8) bring to the attention of the Attorney General and
Congress any evidence of potential violations of Federal law or
regulations uncovered by the Commission during the course of
its investigation.
(b) Investigations and Reports.--The investigation and report
authorized under subsection (a) may include 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 organizations
to acquire the scientific knowledge and means to manufacture
and deliver chemical, biological, or radiological weapons via
mail, parcels, or packages;
(5) the physical and personnel security measures and
procedures employed by government, nonprofit, and private
sector laboratories or other entities using, storing or
shipping agents on the Centers for Disease Control's Select
Agents and Toxins List;
(6) the role of Congressional oversight and resource
allocation; and
(7) other areas of the public and private sectors
determined relevant by the Commission for its inquiry.
SEC. 6. POWERS OF COMMISSION.
(a) In General.--The Commission or, on the authority 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 testimony of witnesses and the
production of books, records, correspondence, memoranda,
papers, and documents, as the Commission or designated
subcommittee or member may determine advisable.
(b) Subpoenas.--
(1) Issuance.--A subpoena may be issued by the Commission
only--
(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
Commission, 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
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
an application is made under paragraph (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 contumacy 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
subpoena is returnable, may issue an order requiring
such person to appear 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 summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who shall bring the
matter before the grand jury for its action, under the
same authority and procedures as if the United States
attorney had received 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 Commission shall hold
public hearings and meetings and release public versions of the
reports submitted in accordance with section 10.
(2) Protection of information.--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.
(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 authorized to secure
directly from any executive department, 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 department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality shall--
(A) review on an expedited basis any requests for
declassification of classified material made by the
Commission; and
(B) declassify and supply to the Commission such
information as the Commission requests 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 administrative support and other services
for the performance 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 property, for the purpose of aiding or
facilitating the work of the Commission.
(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 Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission to provide the Commission members appropriate
security clearances pursuant to existing procedures and requirements.
SEC. 8. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission 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 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 Commission shall receive travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed 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 compensation 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 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.
(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.
(c) Consultant Services.--The Commission may procure the services
of experts and consultants in accordance 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 Recommendations.--The
chairman and vice chairman of the Commission shall seek the
recommendations of the National Academy of Sciences regarding the
desired qualifications of scientific staff to be hired directly or on a
consultant basis by the Commission.
(e) Prohibiting Conflicts of Interest.--No individual who
participated in the criminal investigation into the anthrax letter
attacks may be detailed to, or may provide 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, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of the
Commission, including proposing organization, coordination, planning
and management arrangements, procedures, rules, and regulations. The
final report shall be unclassified but may include a classified annex,
if necessary.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing 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 commission member who wishes to
have his or her views published.
SEC. 11. TERMINATION.
The Commission shall terminate 60 days after submitting 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.
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