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Appendix
H
Legislation
Authorizing the Commission
The
Intelligence Authorization Act for FY 2000 (Public Law 106-120,
December 3, 2000)
Title
VII--National Commission for the Review of The National Reconnaissance
Office
SEC.
701.
Findings
Congress makes the following findings:
(1) Imagery and signals intelligence satellites are vitally
important to the security of the Nation.
(2) The National Reconnaissance Office (in this title referred
to as the "NRO") and its predecessor organizations
have helped protect and defend the United States for more than
30 years.
(3) The end of the Cold War and the enormous growth in usage
of information technology have changed the environment in which
the intelligence community must operate. At the same time, the
intelligence community has undergone significant changes in
response to dynamic developments in strategy and in budgetary
matters. The acquisition and maintenance of satellite systems
are essential to providing timely intelligence to national policymakers
and achieving information superiority for military leaders.
(4) There is a need to evaluate the roles and mission, organizational
structure, technical skills, contractor relationships, use of
commercial imagery, acquisition of launch vehicles, launch services,
and launch infrastructure, mission assurance, acquisition authorities,
and relationship to other agencies and departments of the Federal
Government of the NRO in order to assure continuing success
in satellite reconnaissance in the new millennium.
SEC.
702.
National Commission for the Review of The National Reconnaissance
Office
(a) Establishment.--There is established a commission to be
known as the "National Commission for the Review of the
National Reconnaissance Office" (in this title referred
to as the "Commission").
(b) Composition.--The Commission shall be composed of 11 members,
as follows:
(1) The
Deputy Director of Central Intelligence for Community Management.
(2) Three
members appointed by the Majority Leader of the Senate, in consultation
with the Chairman of the Select Committee on Intelligence of
the Senate, one from Members of the Senate and two from private
life.
(3) Two
members appointed by the Minority Leader of the Senate, in consultation
with the Vice Chairman of the Select Committee on Intelligence
of the Senate, one from Members of the Senate and one from private
life.
(4) Three
members appointed by the Speaker of the House of Representatives,
in consultation with the Chairman of the Permanent Select Committee
on Intelligence of the House of Representatives, one from Members
of the House of Representatives and two from private life.
(5) Two
members appointed by the Minority Leader of the House of Representatives,
in consultation with the ranking member of the Permanent Select
Committee on Intelligence of the House of Representatives, one
from Members of the House of Representatives and one from private
life.
The Director of the National Reconnaissance Office shall be
an ex officio member of the Commission.
(c) Membership.--
(1) The
individuals appointed as members of the Commission shall be
individuals who are nationally recognized for expertise, knowledge,
or experience in--
(A)
technical intelligence collection systems and methods;
(B)
research and development programs;
(C)
acquisition management;
(D)
use of intelligence information by national policymakers
and military leaders; or
(E)
the implementation, funding, or oversight of the national
security policies of the United States.
(2) An
official who appoints members of the Commission may not appoint
an individual as a member of the Commission if, in the judgment
of the official, such individual possesses any personal or financial
interest in the discharge of any of the duties of the Commission.
(3) All
members of the Commission appointed from private life shall
possess an appropriate security clearance in accordance with
applicable laws and regulations concerning the handling of
classified information.
(1) The
Commission shall have two co-chairs, selected from among the
members of the Commission.
(2) One
co-chair of the Commission shall be a member of the Democratic
Party, and one co-chair shall be a member of the Republican
Party.
(3) The
individuals who serve as the co-chairs of the Commission shall
be jointly agreed upon by the President, the Majority Leader
of the Senate, the Minority Leader of the Senate, and Speaker
of the House of Representatives, and the Minority Leader of
the House of Representatives.
(e) Appointment; Initial Meeting.--
(1) Members
of the Commission shall be appointed not later than 45 days
after the date of the enactment of this Act.
(2) The
Commission shall hold its initial meeting on the date that
is 60 days after the date of the enactment of this Act.
(f) Meetings; Quorum; Vacancies.--
(1) After
its initial meeting, the Commission shall meet upon the call
of the co-chairs of the Commission.
(2) Six
members of the Commission shall constitute a quorum for purposes
of conducting business, except that two members of the Commission
shall constitute a quorum for purposes of receiving testimony.
(3) 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.
(4) If
vacancies in the Commission occur on any day after 45 days
after the date of the enactment of this Act, a quorum shall
consist of a majority of the members of the Commission as
of such day.
(g) Actions of Commission.--
(1) The
Commission shall act by resolution agreed to by a majority
of the members of the Commission voting and present.
(2) The
Commission may establish panels composed of less than the
full membership of the Commission for purposes of carrying
out the duties of the Commission under this title. The actions
of any such panel shall be subject to the review and control
of the Commission. Any findings and determinations made by
such a panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(3) Any
member, agent, or staff of the Commission may, if authorized
by the co-chairs of the Commission, take any action which
the Commission is authorized to take pursuant to this title.
SEC.
703.
Duties of Commission
(a) In General.--The duties of the Commission shall be--
(1) to
conduct, until not later than the date on which the Commission
submits the report under section 708(a), the review described
in subsection (b); and
(2) to
submit to the congressional intelligence committees, the Director
of Central Intelligence, and the Secretary of Defense a final
report on the results of the review.
(b) Review.--The Commission shall review the current organization,
practices, and authorities of the NRO, in particular with respect
to--
(2) organizational
structure;
(4) contractor
relationships;
(5) use
of commercial imagery;
(6) acquisition
of launch vehicles, launch services, and launch infrastructure,
and mission assurance;
(7) acquisition
authorities; and
(8) relationships
with other agencies and departments of the Federal Government.
SEC.
704.
Powers of Commission
(a) In General.--
(1) The
Commission or, on the authorization of the Commission, any subcommittee
or member thereof, may, for the purpose of carrying out the
provisions of this title--
(A)
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer
such oaths; and
(B)
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 considers necessary.
(2) Subpoenas
may be issued under paragraph (1)(B) under the signature of
the co-chairs of the Commission, and may be served by any
person designated by such co-chairs.
(3) The
provisions of sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192-194) shall apply in the
case of any failure of a witness to comply with any subpoena
or to testify when summoned under authority of this section.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation Acts,
enter into contracts to enable the Commission to discharge its
duties under this title.
(c) Information from Federal Agencies.--The Commission may secure
directly from any executive department, agency, bureau, board,
commission, office, independent establishment, or instrumentality
of the Government information, suggestions, estimates, and statistics
for the purposes of this title. Each such department, agency,
bureau, board, commission, office, establishment, or instrumentality
shall, to the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the Commission,
upon request of the co-chairs of the Commission. The Commission
shall handle and protect all classified information provided
to it under this section in accordance with applicable statutes
and regulations.
(d) Assistance from Federal Agencies.--
(1) The
Director of Central Intelligence shall provide to the Commission,
on a non-reimbursable basis, such administrative services,
funds, staff, facilities, and other support services as are
necessary for the performance of the Commission's duties under
this title.
(2) The
Secretary of Defense may provide the Commission, on a non-reimbursable
basis, with such administrative services, staff, and other
support services as the Commission may request.
(3) In
addition to the assistance set forth in paragraphs (1) and
(2), other departments and agencies of the United States may
provide the Commission such services, funds, facilities, staff,
and other support as such departments and agencies consider
advisable and as may be authorized by law.
(4) The
Commission shall receive the full and timely cooperation of
any official, department, or agency of the United States Government
whose assistance is necessary for the fulfillment of the duties
of the Commission under this title, including the provision
of full and current briefings and analyses.
(e) Prohibition on Withholding Information.--No department or
agency of the Government may withhold information from the Commission
on the grounds that providing the information to the Commission
would constitute the unauthorized disclosure of classified information
or information relating to intelligence sources or methods.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as the
departments and agencies of the United States.
(g) Gifts.--The Commission may accept, use, and dispose of gifts
or donations of services or property in carrying out its duties
under this title.
SEC.
705.
Staff of Commission
(a) In General.--
(1) The
co-chairs of the Commission, in accordance with rules agreed
upon by the Commission, shall 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 duties, 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 sub-chapter III or 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 to a person occupying
a position at level V of the Executive Schedule under section
5316 of such title.
(2) 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.
(3) All
staff of the Commission shall possess a security clearance
in accordance with applicable laws and regulations concerning
the handling of classified information.
(b) Consultant Services.--
(1) The
Commission may 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 such title.
(2) All
experts and consultants employed by the Commission shall possess
a security clearance in accordance with applicable laws and
regulations concerning the handling of classified information.
SEC.
706.
Compensation and Travel Expenses
(a) Compensation.--
(1) Except
as provided in paragraph (2), 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 under this title.
(2) Members
of the Commission who are officers or employees of the United
States or Members of Congress shall receive no additional
pay by reason of their service on 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 may be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed
expenses under section 5703(b) of title 5, United States Code.
SEC.
707.
Treatment of Information Relating to National Security
(a) In General.--
(1) The
Director of Central Intelligence shall assume responsibility
for the handling and disposition of any information related
to the national security of the United States that is received,
considered, or used by the Commission under this title.
(2) Any
information related to the national security of the United
States that is provided to the Commission by a congressional
intelligence committee may not be further provided or released
without the approval of the chairman of such committee.
(b) Access after Termination of Commission.--Notwithstanding
any other provision of law, after the termination of the Commission
under section 708, only the Members and designated staff of
the congressional intelligence committees, the Director of Central
Intelligence and the designees of the Director, and such other
officials of the executive branch as the President may designate
shall have access to information related to the national security
of the United States that is received, considered, or used by
the Commission.
SEC.
708.
Final Report; Termination
(a) Final Report. Not later than November 1, 2000, the Commission
shall submit to the congressional intelligence committees, the
Director of Central Intelligence, and the Secretary of Defense
a final report as required by section 703(a).
(b) Termination.--
(1) The
Commission, and all the authorities of this title, shall terminate
at the end of the 120-day period beginning on the date on
which the final report under subsection (a) is transmitted
to the congressional intelligence committees.
(2) The
Commission may use the 120-day period referred to in paragraph
(1) for the purposes of concluding its activities, including
providing testimony to committees of Congress concerning the
final report referred to in that paragraph and disseminating
the report.
SEC.
709.
Assessments of Final Report
Not later than 60 days after receipt of the final report under
section 708(a), the Director of Central Intelligence and the
Secretary of Defense shall each submit to the congressional
intelligence committees an assessment by the Director or the
Secretary, as the case may be, of the final report. Each assessment
shall include such comments on the findings and recommendations
contained in the final report as the Director or Secretary,
as the case may be, considers appropriate.
SEC.
710.
Inapplicability of Certain Administrative Provisions
(a) Federal Advisory Committee Act.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission under this title.
(b) Freedom of Information Act.--The provisions of section 552
of title 5, United States Code (commonly referred to as the
Freedom of Information Act), shall not apply to the activities,
records, and proceedings of the Commission under this title.
SEC.
711.
Funding
(a) Transfer from NRO.--Of the amounts authorized to be appropriated
by this Act for the National Reconnaissance Office, the Director
of the National Reconnaissance Office shall transfer to the
Director of Central Intelligence $5,000,000 for purposes of
the activities of the Commission under this title.
(b) Availability In General.--The Director of Central Intelligence
shall make available to the Commission, from the amount transferred
to the Director under subsection (a), such amounts as the Commission
may require for purposes of the activities of the Commission
under this title.
(c) Duration of Availability.--Amounts made available to the
Commission under subsection (b) shall remain available until
expended.
SEC.
712.
Congressional Intelligence Committees Defined
In this title, the term "congressional intelligence committees"
means the following:
(1) The Select Committee on Intelligence of the Senate.
(2) The Permanent Select Committee on Intelligence of the House
of Representatives.
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