Overview

• Creates the National Commission on Presidential War Powers and Civil Liberties to investigate George W. Bush administration policies conducted under claims of unreviewable war powers
• Commission receives $3 million in funding and operates for approximately 18 months before terminating
• Bill introduced January 6, 2009, referred to multiple House committees

Who does this affect?

• Main groups: Former detainees, intelligence community personnel, military interrogators, civil liberties advocates, national security officials
• Who benefits: Civil liberties organizations gain formal investigation of controversial policies; families of detainees get official findings
• Who loses: Former Bush administration officials face scrutiny; intelligence agencies undergo investigation of classified programs
• Teen impact score: 1/10 (minimal teen connection—historical investigation of past policies with no direct impact on teen daily life)

What This Bill Does

• Establishes 9-member commission with bipartisan composition (no more than 5 from same party) appointed by President and congressional leaders
• Grants commission subpoena power to compel witness testimony and document production, enforceable through federal district courts (citing 2 U.S.C. 192-194)
• Investigates specific Bush-era policies: military and intelligence detention practices, enhanced interrogation techniques not authorized by Uniform Code of Military Justice, "ghosting" (concealing detainee capture), extraordinary rendition, domestic warrantless electronic surveillance
• Requires initial report within 1 year of first commission meeting, final report 6 months later
• Commission terminates 60 days after submitting final report
• Authorizes $3 million in appropriations to remain available until expended or commission termination
• Staff compensation capped at Executive Schedule Level IV daily rate; commission members compensated at same rate for days worked
• President may close commission meetings to public if disclosure would endanger national security

Legislative Status

• Introduced January 6, 2009, in 111th Congress
• Referred to House Armed Services, Intelligence, Judiciary, and Foreign Affairs committees
• Last action: Referred to Subcommittee on Constitution, Civil Rights, and Civil Liberties on June 12, 2009
• Bill died in committee without advancing

In short

• Creates temporary commission to investigate whether Bush administration violated civil liberties through detention, interrogation, and surveillance programs.
• Commission gets subpoena power to force testimony and access classified documents.
• Nine commissioners split between parties would produce two reports over 18 months.
• Bill authorizes $3 million for investigation costs.
• Commission dissolves 60 days after final report submission.

Why should I care?

This bill addresses fundamental questions about presidential power during wartime and whether civil liberties protections apply even during national security crises. The policies under investigation—secret detention sites, waterboarding, warrantless wiretapping—sparked intense debate about whether fighting terrorism justifies suspending normal legal protections. A formal commission could establish historical record and recommend safeguards to prevent future abuses. The findings would shape how future presidents balance security threats against constitutional rights, affecting everyone's privacy and due process protections during emergencies.