Commission members and staff will be required to have “appropriate” security clearances before they are given access to classified information. This probably means that any final report to the public will be “sanitized” of classified information, as is the report of the congressional “Joint Inquiry.” In other words, any meaningful information the Commission might find (despite the restrictions on it) will not be made public. Committee staff members are considered government employees and are subject to severe penalties for leaking classified information.

Some public hearings may be held but obviously will not deal with classified information. Each agency furnishing information to the Commission establishes its own classifications. The Commission can issue subpoenas for information or compelling testimony but only if at least six of the ten members approve or both the chairman and vice chairman approve.

If a subpoena is ignored, a U.S. District Court can issue an order to comply and if still ignored, cite the person or persons for contempt. Alternatively, by majority vote the commission can issue a non-binding request to a U.S. Attorney to bring the matter before a grand jury. U.S. Attorneys report to the Attorney General, or a subordinate, in the Department of Justice.

The Commission is required to issue its final report eighteen months after the authorizing legislation went into effect.