Text: H.R.3003 — 109th Congress (2005-2006)

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Introduced in House (06/21/2005)


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[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[H.R. 3003 Introduced in House (IH)]






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. Andrews, 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. Jackson-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 California, 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. Mollohan, 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-Allard, Mr. Ruppersberger, Mr. Rush, Mr. Sabo, Ms. Linda T. 
Sanchez of California, Ms. Loretta Sanchez of California, Mr. Sanders, 
    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 California, Mr. 
Tierney, Mr. Towns, Mr. Udall of Colorado, Mr. Udall of New Mexico, Mr. 
   Van Hollen, Ms. Velazquez, 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 Representatives 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 operation 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 Defense, 
        Department of State, Department of Justice, Central 
        Intelligence Agency, National Security Council, or White House 
        policies, procedures, or decisions 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, policies, 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 techniques used 
        at detention facilities in Iraq, Cuba, Afghanistan, and 
        elsewhere.
            (8) The integration of military police and military 
        intelligence operations to coordinate detainee interrogation.
            (9) The roles and actions of private civilian contractors 
        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 organizations' warnings to 
        United States officials about the abuses.
            (11) The role of Congress and whether it was fully informed 
        throughout the process that uncovered these abuses.
            (12) The extent to which the United States complied with 
        the applicable provisions of the Geneva 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 Convention 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 President;
            (2) 1 member shall be jointly appointed by the minority 
        leader of the Senate and the minority leader of the House of 
        Representatives;
            (3) 2 members shall be appointed by the majority leader of 
        the Senate;
            (4) 2 members shall be appointed by the Speaker of the 
        House of Representatives;
            (5) 2 members shall be appointed by the minority leader of 
        the Senate; and
            (6) 2 members shall be appointed by the minority leader of 
        the House of Representatives.
    (b) Qualifications; Initial Meeting.--
            (1) 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.
            (2) Other qualifications.--Individuals that shall be 
        appointed to the Commission should be prominent United States 
        citizens, with national recognition and significant depth of 
        experience in such professions as governmental service, law 
        enforcement, the armed services, law, public administration, 
        intelligence gathering, international human rights and 
        humanitarian law, and foreign affairs.
            (3) Deadline for appointment.--All members 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 Commission shall meet upon the call of the 
        chairman or a majority of its members.
    (c) Quorum; Vacancies.--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.
    (d) Conflicts of Interest.--
            (1) Financial disclosure.--Each member appointed to the 
        Commission shall submit a financial disclosure report pursuant 
        to the Ethics in Government Act of 1978, notwithstanding the 
        minimum required rate of compensation or time period employed.
            (2) Independence from subjects of investigations.--Each 
        member appointed to the Commission shall be independent of any 
        agency, individual, or institution that may be the subject of 
        investigation by the Commission.

SEC. 4. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this title--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive 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, memoranda, 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 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 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 majority vote, certify a statement of 
                        fact constituting 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 appropriation 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 establishment, or instrumentality of the 
        Federal Government, information, suggestions, estimates, and 
        statistics for the purposes of this Act. Each department, 
        bureau, agency, board, commission, office, independent 
        establishment, or instrumentality shall, to the extent 
        authorized by law, furnish such information, suggestions, 
        estimates, and statistics directly to the Commission, upon 
        request made by the chairman, the chairman of any subcommittee 
        created by a majority of the Commission, or any member 
        designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable 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 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 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 COMMITTEE 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 extent 
        appropriate; and
            (2) release public versions of the reports required 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 accordance with rules agreed upon by 
        the Commission, may appoint and fix the compensation of a staff 
        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.
            (2) Personnel as federal employees.--
                    (A) In general.--The staff director and any 
                personnel of the Commission who are employees 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.--Subparagraph (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 employment without interruption.
    (c) Consultant Services.--The Commission is authorized 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 person 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 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 be allowed 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. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    (a) In General.--Subject to subsection (b), the appropriate Federal 
agencies or departments shall cooperate with the Commission in 
expeditiously providing to the Commission members and staff appropriate 
security clearances to the extent possible pursuant to existing 
procedures 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 submit to Congress and the 
President interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority 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 
recommendations 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 determines 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 congressional 
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 Information.--
            (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 Representatives, 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 Senate 
                Resolution 400, Ninety-Fourth Congress.
            (2) In this section, the term ``congressional intelligence 
        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 authorities 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 Termination.--The Commission 
may use the 60-day period referred 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 Commission under this Act.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.
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