28 November 2002
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US Department of State
International Information Programs
Washington File
_________________________________
27 November 2002
(Measure provides expanded funding for intelligence gathering) (1630) President Bush November 27 signed legislation that authorizes intelligence activities for the 2003 budget year and establishes an independent commission to investigate the September 11th terrorist attacks on the United States. Bush announced at the White House signing ceremony that former Secretary of State Henry Kissinger will lead the September 11th commission. "Today I have signed into law ... the 'Intelligence Authorization Act for Fiscal Year 2003,' which authorizes appropriations to fund United States intelligence activities, including activities essential to success in the war against global terrorism," he said in a formal announcement November 27. "This act also establishes the National Commission on Terrorist Attacks Upon the United States to examine and report on the facts and causes relating to the September 11th terrorist attacks." Bush said the independent commission "will help me and future presidents to understand the methods of America's enemies and the nature of the threats we face." Most of the details of the intelligence authorization bill are kept secret, though members of Congress have said it provides the largest-ever increase in intelligence spending to provide for expanded counterterrorism activities, more intelligence personnel, and greater attention to human intelligence gathering. Following is the text of the president's statement, issued by the White House, and a transcript of his remarks at the signing ceremony: (begin transcript) THE WHITE HOUSE Office of the Press Secretary November 27, 2002 STATEMENT BY THE PRESIDENT Today I have signed into law H.R. 4628, the "Intelligence Authorization Act for Fiscal Year 2003," which authorizes appropriations to fund United States intelligence activities, including activities essential to success in the war against global terrorism. This Act also establishes the National Commission on Terrorist Attacks Upon the United States to examine and report on the facts and causes relating to the September 11th terrorist attacks. The Commission will build upon the work of the congressional joint inquiries to carefully examine the circumstances surrounding the attacks and the lessons to be learned from them. I expect that the Commission's final report will contain important recommendations for steps that can be taken to improve our preparedness for and response to terrorist attacks in the future. The executive branch shall implement sections 325, 334, and 826 of the Act, and section 8H(g)(1)(A) of the Inspector General Act of 1978 as enacted by section 825 of the Act, relating to submission of recommendations to the Congress, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch. Many provisions of the Act, including section 342 and title VIII, establish new requirements for the executive branch to disclose sensitive information. As I have noted in signing last year=s Intelligence Authorization Act and other similar legislation, the executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. The executive branch shall construe subsections 501(d) and (e), relating to the number and activities of military personnel deployed abroad, in a manner consistent with the President's constitutional authority as Commander in Chief of the Armed Forces. GEORGE W. BUSH (end text) (begin transcript) THE WHITE HOUSE Office of the Press Secretary November 27, 2002 REMARKS BY THE PRESIDENT AT SIGNING OF THE INTELLIGENCE AUTHORIZATION ACT The Roosevelt Room 9:58 A.M. EST THE PRESIDENT: Thank you, all, for coming. Please be seated. Today, I sign an act of Congress authorizing intelligence programs vital to our security, and creating a national commission to investigate the events of September the 11th, 2001, and the years that led up to that event. This commission will help me and future Presidents to understand the methods of America's enemies and the nature of the threats we face. Today, I'm pleased to announce my choice for commission chairman, Dr. Henry Kissinger. Dr. Kissinger is one of our nation's most accomplished and respected public servants. He worked here at the White House as National Security Advisor, represented America abroad as the Secretary of State for two Presidents. He is a distinguished author, academic, Army veteran, and winner of the Nobel Peace Prize. He's also spent much of his life in New York, feels deeply the loss that came to that city and to our country. Dr. Kissinger will bring broad experience, clear thinking, and careful judgment to this important task. Mr. Secretary, thank you for returning to the service of your nation. Dr. Kissinger and I share the same commitments. His investigation should carefully examine all the evidence and follow all the fact, wherever they lead. We must uncover every detail and learn every lesson of September the 11th. My administration will continue to act on the lessons we've learned so far to better protect the people of this country. It's our most solemn duty. I want to thank the congressional leaders for their work on this commission and on the broader legislation, as well. The law I sign today directs new funds and new focus to the task of collecting vital intelligence on terrorist threats and on weapons of mass production -- weapons proliferation. In a period of rapidly changing dangers, we will continue to work with the Congress to get the resources we need to gather information so we can better defend America. I want to thank the members of Congress who are with us today, who worked hard to make this commission a reality: Senator Joe Lieberman -- thank you, Senator. Congressman Porter Goss; Tim Roemer; Chris Shays; and Chris Smith -- all distinguished members of the United States Congress. All who join thousands of Americans who refuse to forget that which took place on September the 11th, 2001. Above all, I want to thank the family members of the people who were killed on September the 11th -- family members who are here today and others around the country. In working for this commission, you have been motivated by a noble goal: you want to spare other Americans the kind of suffering you faced. I appreciate that sentiment. America is grateful. The nation's families gather during holidays. You need to know that there's a lot of people who continue to pray for you. There's a lot of people that you've never seen before, you don't have any ideas of what their names are, they share your grief. I hope that provides some comfort. September the 11th marked a dividing line in the life of our nation. The events of a single morning dramatically demonstrated America's vulnerability to the threats of a new era. Oceans that separated us from other continents no longer separate us from danger. America's enemies are still determined to inflict great harm. We have a duty -- a solemn duty -- to do everything we can to protect this country. We've acted to reduce the nation's vulnerabilities. We're stepping up security and transportation systems at port of entries and on our borders. We've made important reforms in federal law enforcement, ensuring that the FBI's primary focus now is the prevention of future attack. We're doing a better job of sharing information among agencies. By legislation I signed this week, we've created a Department of Homeland Security to involve the largest reorganization of the federal government in more than a half a century, with the goal of protecting America. And overseas we're chasing the killers down one person at a time. One at a time. Slowly but surely, we're dismantling the al Qaeda network. There is no cave dark enough or deep enough to hide from the justice of the United States of America. And it doesn't matter how long it takes, this nation will stay on course to find them, to bring them to justice, to make sure America's homeland is secure. These essential steps do not complete our work. And that's important for America to know. In the war against terror our goal is to take every measure that is necessary, to gather all information that is available and gain every advantage that is possible. An aggressive investigation into September the 11th, with a responsible concern for sensitive information that will allow us to win the war on terror will contribute to the security of this country. This commission's findings may show a need for further reform in intelligence gathering and other areas. I'm confident that under Dr. Kissinger's leadership the commission's work will be thorough. The recommendations will be helpful and useful. I also hope that the commission will act quickly and issue its report prior to the 18-month deadline embodied in the legislation. After all, if there's changes that need to be made, we need to know them as soon as possible, for the security of our country. The sooner we have the commission's conclusions, the sooner this administration will act on them. And as a people, Americans are always looking forward. As a nation, we're working every day to build a future that is peaceful and secure. To reach this goal we must learn all about the past that we can. So with this commission we have formed today, America will learn more about the evil that was done to us. And the understanding we will gain will serve us for years to come. This commission is not only important for this administration, this commission will be important for future administrations, until the world is secure from the evildoers that hate what we stand for. I ask the members of Congress that are here today to please come up and join me as I sign this important legislation. May God bless the families of those who suffered on September the 11th. May God bless you today, may God bless you for long days to come, and may God continue to bless America. (Applause.) END 10:05 A.M. EST (end transcript) (Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
Source: House Report on Intelligence Funding for FY2003: http://cryptome.sabotage.org/hr107-789.txt
[Excerpt]
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 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;
(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 (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.
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.
(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
thesame 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.