^ AON

April 10,2003

homas H. Kean The Honorable Jed'Stevens

CHAIR
United Sta)^ Senate
ee R Hamilton
VICE CHAIR Washjagton>pC 20510-0001
jchatd Ben-Veniste r
The Honorable fti. Dill Yumrg
/{ax Cleland U.S. House of Re ;sentatives
reed F. Fielding
Washington, DC 15-0001

[amie S. Gorelick

Slade Gorton
As you know, the 9-1 1 Commission was tasked-by Congress to investigate and report on
John Lehman
all relevant facts and afiticyis leading up to the September 11, 2001, attack on the United
Timothy J. Roemcr Statesme natieHaresponse to the attackin-thci mouths after 9- 14-, and to make
recommendations to the Congress and the A-dministratron with respect to additional
James R. Thompson
necessary and appropriate actions as-a pail uf thai icsyutisc. ~~^>
I

Philip D. Zclikow
EXE] 'E DIRECTOR
The Commission is made up of ten prominent citizens who are not officers or employees
of the federal government. As such, the members are special government employees
(SGEs) governed by the statute and rules on such persons.

an SGE as an employee who works no more than 130 days a year, but
has'ueen interpreted to count a part of a day as a full day. This brings into question
whether or not a Commission member can actually work on Commission business on
more than 130 days a year without becoming a full-time government employee subject to
all of the conflict rules accompanying that status, even though the member does not claim
compensation for more than 130 days.

Because of the nature of our charge—a huge task—all of the members will have to work on
Commission business on all or part of more than 130 days in order to discharge effectively
their duties. No member will seek compensation for more than 130 days, and many will claim
far fewer.

We therefore request a provision in the Supplemental Appropriations bill clarifying our

ability to spend the time we deem necessary on Commission business without becoming
full time government employees, provided that no member claims compensation for more
than 130 days. _A form of the requested amendment language is enclosed.

Sincerely, >1-jr^
^

,-/( '
U^ na (202) 331-4
K \ (202) 296-5
Enclosur w\v\ 9-11 commission
 Apia-re, 2003

Thomas H. Kean The Honorable"!

CHAIR
United States Senate
Lee H. Hamilton Washington, DC 20510-0001
VICE CHAIR

Richard Ben-Veniste
The HbaorablepW. Bill Young
Max Cleland U.S. Hous^xJfi^presentatives
Washington, DC 205i5-0001
Fred F. Fielding

Jamie S. Gorelick Dear

Slade Gorton
As you know, the 9-11 Commission was tasked by Congress to" investigate and report on
John Lehman all relevant
%m IClCYilliL facts
ICtUlO and
Milt-* actions
tU^U.V/HO leading
i.WtUJJ-11^ up
"^ to
vv/ the
w.*** September
i^r-w^ww-.-..—• —- 11/2001,
- j-, t attack on the United
.,^-r:MY1^^I^v2r_ *._ ^1 **«~i. :_ *u« ......fl-.fi ngtAi-O, VI onH tr» maV<»
Timothy J.Roemer
States '^lage«ffre$Sise to the attack iaAMMMitha aftfcr Q-M, and to make
recommendations to the Congress and th2 Adminiatratioi^with respect to additional
^ •, — »"^ / >) ^.., _ - ^-**~ •/?
James R. Thompson d appropriate

Philip D. Zelikow
/t
The Commission is made up of ten prominent citizens who are not officers or employees TZ*-*
,
EXECUTIVE DIRECTOR
of the federal government. As such, the members are special government employees
(SGEs) governed by the statute and rules on such persons.
'
c+-
The^tatute defines an SGE as an employee who works no more than 130 days a year, but a
hasten interpreted to count a rjart of a day as a full day. This brings into question
whether or not a Commission member can actually work on Commission business on
more than 130 days a year without becoming a full-time government employee subject to
all of the conflict rules accompanying that status, even though the member does not claim
compensation for more than 130 days.

Because of the nature of our charge—a huge task—all of the members will have to work on
Commission business on all or part of more than 130 days in order to discharge effectively
their duties. No member will seek compensation for more than 130 days, and many will claim
far fewer.

We therefore request a provision in the SupplementalAppropriations bill clarifying our

ability to spend the time we deem necessary on Commission business without becoming
full time government employees, provided that no member claims compensation for more
than 130 dayOJA form of the requested amendment language is enclosed.^
CJ34 ^AV<
Sincerely, I/I

>lade Gorton
TEL (202) 331-41
Commissioner HAX (202) 296-5
www.9-11 commission..
Enclosure
Thomas H. Kean May 15, 2003
CHAIR

Lee H. Hamilton
VICE CHAIR The Honorable Ted Stevens
Richard Ben-Veniste
United States Senate
Washington, DC 20510-0001
Max Cleland

Frederick F. Fielding
The Honorable C.W. Bill Young
U.S. House of Representatives
Jamie S. Gorelick Washington, DC 20515-0001
Slade Gorton
Dear Ted and Bill:
John F. Lehman
As you may recall, I wrote and spoke to you last month, in my capacity as a
Timothy J. Roemer
member of the 9-11 Commission, requesting inclusion of a provision in the
James R. Thompson Iraq Supplemental Appropriations bill that would clarify that our
Commissioners can maintain their status as special government employees
Philip D. Zelikow
regardless of how many days or parts of days they work, so long as they are
EXECUTIVE DIRECTOR not compensated for more than 130 days in any year.

Our request came quite late in the consideration of the Iraq Supplemental,
obviously too late to be included. But you indicated at the time that you
would consider adding the provision to the next available legislative vehicle.
On behalf of the Commission, I urge you to do so to ensure that our members
will be able to devote the time they need to their important task. At the same
time, I want to thank you for the even more important amendment to
appropriate sufficient money to carry out the Commission's mandate.

For your convenience, I enclose again a copy of the amendment language we

request.

Sincerely,

Slade Gorton
Commissioner

301 7'h Street SW, Room 5125

Washington, DC 20407
T 202.331.4060 F 202.296.5545
www.9-1 lcommission.gov
Notwithstanding Section 202 (a) of Title 18, members of the Nadonal Commission on
Terrorist Attacks Upon the United States (established by Title VI of Public Law 107-306)
shall be deemed to be special government employees without regard to the number of
days (or parts of days) in which they perform their dudes as members of the Commission,
so long as they receive per diem compensation under Section 608(a) of Public Law
107-306 for no more than 130 days during any period of 365 consecutive days.