Public Law 107-306
Introduction, Title I, and Title VI

Establishing the National Commission on Terrorist Attacks
Upon the United States
(Nov. 27, 2002)
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Public Law 107-306
107th Congress

                                 An Act


 
 To authorize appropriations for fiscal year 2003 for intelligence and 
intelligence-related activities of the United States Government, the 
Community  Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes.<> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for 
           fiscal year 2002.
Sec. 106. Additional authorizations of appropriations for intelligence 
           for the war on terrorism.
Sec. 107. Specific authorization of funds for intelligence or 
           intelligence-related 
           activities for which fiscal year 2003 appropriations exceed 
           amounts 
           authorized.
Sec. 108. Incorporation of reporting requirements.
Sec. 109. Preparation and submittal of reports, reviews, studies, and 
           plans relating to intelligence activities of Department of 
           Defense or Department of 
           Energy.

                    TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                 STATES

SEC. 601. <> ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on Terrorist Attacks Upon the United States (in this title 
referred to as the ``Commission'').

SEC. 602. <> 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, in Somerset County, 
        Pennsylvania, and at the Pentagon in Virginia;
            (2) ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the attacks;
            (3) build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                    (A) the Joint Inquiry of the Select Committee on 
                Intelligence of the Senate and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives regarding the terrorist attacks of 
                September 11, 2001, (hereinafter in this title referred 
                to as the ``Joint Inquiry''); and
                    (B) other executive branch, congressional, or 
                independent commission investigations into the terrorist 
                attacks of September 11, 2001, other terrorist attacks, 
                and terrorism generally;
            (4) make a full and complete accounting of the circumstances 
        surrounding the attacks, and the extent of the United States' 
        preparedness for, and immediate response to, the attacks; and
            (5) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures that can be taken to prevent acts of terrorism.

SEC. 603. <> COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President, who shall 
        serve as chairman of the Commission;
            (2) 1 member shall be appointed by the leader of the Senate 
        (majority or minority leader, as the case may be) of the 
        Democratic Party, in consultation with the leader of the House 
        of Representatives (majority or minority leader, as the

[[Page 116 STAT. 2409]]

        case may be) of the Democratic Party, who shall serve as vice 
        chairman of the Commission;
            (3) 2 members shall be appointed by the senior member of the 
        Senate leadership of the Democratic Party;
            (4) 2 members shall be appointed by the senior member of the 
        leadership of the House of Representatives of the Republican 
        Party;
            (5) 2 members shall be appointed by the senior member of the 
        Senate leadership of the Republican Party; and
            (6) 2 members shall be appointed by the senior member of the 
        leadership of the House of Representatives of the Democratic 
        Party.

    (b) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Not more than 5 members of 
        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 such professions as 
        governmental service, law enforcement, the armed services, law, 
        public administration, intelligence gathering, commerce 
        (including aviation matters), and foreign affairs.
            (4) Deadline for appointment.--All members of the Commission 
        shall be appointed on or before December 15, 2002.
            (5) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable.

    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairman 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. 604. <> FUNCTIONS OF COMMISSION.

    (a) In General.--The functions of the Commission are to--
            (1) conduct an investigation that--
                    (A) investigates relevant facts and circumstances 
                relating to the terrorist attacks of September 11, 2001, 
                including any relevant legislation, Executive order, 
                regulation, plan, policy, practice, or procedure; and
                    (B) may include relevant facts and circumstances 
                relating to--
                          (i) intelligence agencies;
                          (ii) law enforcement agencies;
                          (iii) diplomacy;
                          (iv) immigration, nonimmigrant visas, and 
                      border control;
                          (v) the flow of assets to terrorist 
                      organizations;
                          (vi) commercial aviation;
                          (vii) the role of congressional oversight and 
                      resource allocation; and
                          (viii) other areas of the public and private 
                      sectors determined relevant by the Commission for 
                      its inquiry;

[[Page 116 STAT. 2410]]

            (2) identify, review, and evaluate the lessons learned from 
        the terrorist attacks of September 11, 2001, 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 such terrorist attacks; and
            (3) submit to the President and Congress such reports as are 
        required by this title containing such findings, conclusions, 
        and recommendations as the Commission shall determine, including 
        proposing organization, coordination, planning, management 
        arrangements, procedures, rules, and regulations.

    (b) Relationship to Intelligence Committees' Inquiry.--When 
investigating facts and circumstances relating to the intelligence 
community, the Commission shall--
            (1) first review the information compiled by, and the 
        findings, conclusions, and recommendations of, the Joint 
        Inquiry; and
            (2) after that review pursue any appropriate area of inquiry 
        if the Commission determines that--
                    (A) the Joint Inquiry had not investigated that 
                area;
                    (B) the Joint Inquiry's investigation of that area 
                had not been complete; or
                    (C) new information not reviewed by the Joint 
                Inquiry had become available with respect to that area.

SEC. 605. <> 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 subsection

[[Page 116 STAT. 2411]]

                      (a), 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 section, 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).

    (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 under this title.
    (c) 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 title. 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.

[[Page 116 STAT. 2412]]

SEC. 606. <> 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 610(a) and (b).

    (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. 607. <> STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The chairman, in 
        consultation with vice chairman, 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 executive 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. 608. <> COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at 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.

[[Page 116 STAT. 2413]]

    (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. 609. <> SECURITY CLEARANCES FOR COMMISSION 
            MEMBERS AND STAFF.

    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, except that no person shall be 
provided with access to classified information under this title without 
the appropriate security clearances.

SEC. 610. <> REPORTS OF COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President and 
Congress 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 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 title, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
            (2) 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. 611. <> FUNDING.

    (a) Transfer From the National Foreign Intelligence Program.--Of the 
amounts authorized to be appropriated by this Act and made available in 
public law 107-248 (Department of Defense Appropriations Act, 2003) for 
the National Foreign Intelligence Program, not to exceed $3,000,000 
shall be available for transfer to the Commission for purposes of the 
activities of the Commission under this title.
    (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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