Truth and Accountability Commission Act

later than 30 days after the date of enactment of this Act. (g) Terms of the Commission.-- (1) Term.--Each member shall serve for the life of the Commission. (2) Vacancies.--A vacancy in the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment not later than 30 days after the date on which the vacancy occurs. (3) Removal.--A member may be removed by a majority of the members of the Commission only for neglect of duty, malfeasance, permanent incapacity, or violation of subsection (e). (h) Commission Procedures.-- (1) Initial meeting.--Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Meetings.--The Commission shall meet at the call of the Chairperson. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum. (4) Voting.--Except as otherwise provided in this Act, an action of the Commission shall require the approval of a majority of the members present and voting. SEC. 4. COMMISSION PERSONNEL AND ADMINISTRATION. (a) Staff.-- (1) The Chairperson shall appoint and may remove an Executive Director of the Commission. (2) The Chairperson, acting through the Executive Director, may appoint and fix the compensation of such attorneys, investigators, auditors, analysts, subject-matter experts, and other personnel as the Chairperson considers necessary to carry out this Act. (3) The President and other officers or employees of the executive branch shall have no authority to appoint, remove, supervise, direct, or select any employee of the Commission. (b) Compensation of Commissioners.--A member of the Commission shall be compensated at a daily equivalent of the annual rate of basic pay prescribed for grade 5 of the General Schedule under section 5332 of title 5, United States Code, for each day, not to exceed 10 days per month, for which a member is engaged in the performance of their duties under this Act, limited to convening meetings, including public or private meetings to receive testimony in furtherance of the duties of the Commission and the purposes of this Act. (c) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code. (d) Detail of Government Employees.--At the request of the Chairperson, a Federal employee may, with the approval of the head of the employing agency, be detailed to the Commission without-- (1) reimbursement to the agency; or (2) interruption or loss of civil service status, benefits, or privileges. SEC. 5. POWERS OF COMMISSION. (a) Public Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it. (b) Obtaining Information.-- (1) In general.--The Commission may secure directly from any agency or advisory committee information necessary to enable it to carry out its duties under this Act. (2) Furnishing information.--Upon request of the Chairperson, the head of a Federal department or agency shall furnish such information to the Commission in a full and timely manner, consistent with the Constitution and applicable law. (3) Private records.--The Commission may seek information and records from private individuals and entities, including financial institutions, business entities, contractors, telecommunications providers, technology companies, nonprofit organizations, registered agents, accountants, and other private custodians of information relevant to a matter under investigation. (c) Subpoena Power.-- (1) Authority to issue a subpoena.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Compliance with subpoena.--If a person refuses to obey an order or subpoena of the Commission that is issued in connection with a Commission proceeding, the Commission may apply to the United States district court in the judicial district in which the proceeding is held for an order requiring the person to comply with the subpoena or order. (d) Immunity.--The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). SEC. 6. DUTIES OF THE COMMISSION. (a) Investigation.--The Commission shall conduct a comprehensive investigation and establish a public record concerning whether, during the period beginning on January 20, 2025-- (1) officers or employees of the United States violated or exceeded authority granted under the Constitution or laws of the United States; (2) officers or employees of the United States obstructed or evaded an Act of Congress; (3) the powers, resources, personnel, or authorities of the United States were used to confer a private financial, familial, political, or other improper benefit; (4) material information was concealed from or misrepresented to Congress, courts, inspectors general, law enforcement authorities, or the public; or (5) private individuals or entities participated in, facilitated, benefited from, or conspired in such conduct. (b) Matters To Be Investigated.--The matters to be investigated by the Commission under subsection (a) shall include, at a minimum: (1) Private enrichment.--Foreign financial dealings, family businesses, and the use of public office or Federal authority to benefit the President, members of the President's family, or associated private entities. (2) Appropriations and federal workforce.--Firings, workforce reductions, funding freezes, impoundments, and other executive branch actions that prevented or impeded the execution of programs and expenditures authorized or funded by Congress. (3) War powers.--The use of United States Armed Forces without authorization from Congress, including military strikes involving Iran and the legal authority asserted for such actions. (4) Epstein files.--Compliance with and any obstruction of the Epstein Files Transparency Act, including unreleased records and credible trafficking or other criminal allegations identified in such records. (5) Immigration enforcement.--Shootings and other uses of force by Federal immigration or homeland security officers since January 2025, including incidents involving Renee Good, Alex Pretti, Ruben Ray Martinez, and Johan Sebastian Duran Guerrero; compliance with body-worn-camera requirements; detention conditions; and related criminal charges against individuals subjected to such force. (6) Maritime strikes.--Operation Southern Spear and related strikes against vessels beginning in September 2025, including the legal basis for such operations, any Office of Legal Counsel opinion concerning them, the designation of an armed conflict without congressional authorization, targeting records, casualty figures, and the identities of persons killed. (7) Related conduct.--Any obstruction, false statement, destruction or concealment of evidence, witness intimidation, retaliation, conspiracy, financial transaction, or other conduct materially related to a matter described in paragraphs (1) through (6). SEC. 7. PRESIDENTIAL IMMUNITY AND OFFICIAL ACTS. (a) Rule of Construction.--Nothing in this Act shall be construed to alter the scope of any immunity afforded to a President or former President under the Constitution or laws of the United States. (b) Commission Investigation.--The existence or potential applicability of immunity from criminal prosecution for an official act shall not, by itself, prevent the Commission from-- (1) investigating and documenting the act; (2) establishing the factual and historical record concerning the act; (3) examining whether the act complied with the Constitution or laws of the United States; (4) investigating the conduct of any other person involved in or affected by the act; or (5) making a referral concerning conduct that may lawfully be investigated or prosecuted. (c) No Derivative Immunity.--An immunity applicable to the President shall not, solely by reason of its applicability to the President, extend to a family member, donor, business associate, officer or employee of the United States, or other person. SEC. 8. REFERRALS. (a) Mandatory Referral.--If the Commission determines that substantial and credible evidence provides reasonable grounds to believe that a violation of Federal or State criminal law may have occurred, the Commission shall make a referral under this section. (b) Federal Referrals.--A referral involving a potential violation of Federal criminal law shall be transmitted to-- (1) the Attorney General; (2) the United States attorney for each judicial district with apparent jurisdiction; and (3) where subsection (d) applies, the court-appointed special counsel. (c) State Referrals.--A referral involving a potential violation of State law shall be transmitted to the attorney general or other appropriate prosecuting authority of each State with apparent jurisdiction. (d) Court-Appointed Special Counsel.-- (1) If a referral concerns the President, Vice President, Attorney General, Deputy Attorney General, a Cabinet officer, a member of the President's family, or another individual with respect to whom investigation by the Department of Justice would present an actual or substantial apparent conflict of interest, the Commission shall seek the appointment of an independent special counsel by an appropriate Federal court. (2) The special counsel shall have jurisdiction to investigate the conduct identified in the referral and any Federal criminal offense arising directly from such conduct. (3) The special counsel shall exercise independent prosecutorial judgment in determining whether criminal charges are warranted. (e) Contents of Referral.--A referral shall include-- (1) the relevant factual findings of the Commission; (2) the evidence supporting such findings; (3) potentially applicable provisions of law; and (4) any materially exculpatory or contradictory evidence identified by the Commission. SEC. 9. LIMITATIONS ON AUTHORITY OF COMMISSION. (a) Immunity.--The Commission may not grant, promise, negotiate, or recommend immunity from criminal prosecution in exchange for testimony, evidence, or cooperation. (b) Pardons and Clemency.--The Commission may not recommend, request, negotiate, or endorse a pardon, reprieve, commutation, or other exercise of executive clemency. (c) Compensation.--The Commission may not-- (1) establish or administer compensation, restitution, settlement, or reparations fund; (2) make a monetary award to a witness, victim, subject, or other person; or (3) recommend compensation to an individual based solely on the findings of the Commission. SEC. 10. FINAL REPORT AND RECOMMENDATIONS. (a) Final Report.--Before the termination of the Commission, the Commission shall submit to the President, the Attorney General, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, and make publicly available, a final report containing-- (1) a detailed description of the investigation conducted under this Act; (2) the findings and conclusions of the Commission; (3) an analysis of whether conduct investigated by the Commission complied with applicable constitutional and statutory requirements; (4) a description of each referral made under section 8; (5) any material disputes of fact or law; and (6) recommendations for legislative or administrative action necessary to prevent recurrence of conduct identified by the Commission. (b) Approval.--The final report shall require the approval of a majority of the members of the Commission. (c) Additional Views.--A member may submit concurring, supplemental, or dissenting views for inclusion in the final report. (d) Supporting Record.--To the maximum extent permitted by law, the Commission shall make publicly available the transcripts, exhibits, documents, and other evidence supporting its findings. SEC. 11. TERMINATION AND DISPOSITION OF RECORDS. (a) Termination.--The Commission shall terminate on the date that is 2 years after the date of creation of the Commission. (b) Final Actions.--Before termination, the Commission shall-- (1) submit the final report required under section 10; (2) complete each referral required under section 8; (3) transfer its records to the Archivist of the United States; (4) close its contracts and accounts; and (5) terminate Commission personnel. (c) Preservation of Investigations.--Termination of the Commission shall not terminate or otherwise affect any investigation, prosecution, or other proceeding resulting from a referral made under section 8. (d) Public Access to Records.--The Archivist of the United States shall make records transferred under subsection (b)(3) available to the public to the maximum extent permitted by law. SEC. 12. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Truth and Accountability Commission established under section 3. (2) Family member.--The term ``family member'', with respect to the President, means the President's spouse, parent, child, stepchild, sibling, son-in-law, daughter-in-law, or other immediate family member whose financial, business, or personal interests are materially related to a matter under investigation by the Commission. (3) Political donor.--The term ``political donor'' means an individual who made a contribution to the President, an authorized committee of the President, or another political committee established, financed, maintained, or controlled by the President. (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. <all>