[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2258 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2258

  To create a Commission on the roles and capabilities of the United 
         States intelligence community, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 30 (legislative day, June 7), 1994

Mr. Warner (for himself, Mr. Graham, Mr. DeConcini, Mr. Metzenbaum, Mr. 
 Chafee, and Mr. Cohen) introduced the following bill; which was read 
       twice and referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
  To create a Commission on the roles and capabilities of the United 
         States intelligence community, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF COMMISSION ON THE ROLES AND CAPABILITIES OF 
              THE UNITED STATES INTELLIGENCE COMMUNITY.

    There is hereby established a commission to be known as the 
Commission on the roles and capabilities of the United States 
intelligence community (hereinafter referred to as the ``Commission''). 
For purposes of this section the term ``intelligence community'' shall 
have the same meaning as set forth in section 401a(4) of title 50, 
United States Code.

SEC. 2. COMPOSITION AND QUALIFICATIONS.

    (a) The Commission shall be composed of eleven members, seven of 
whom shall be private United States citizens appointed by the 
President; two of whom shall be Members of the United States Senate, 
one of whom shall be appointed by the majority leader of the Senate and 
one of whom shall be appointed by the minority leader of the Senate, in 
consultation with the chairman and vice chairman, respectively, of the 
Select Committee on Intelligence; and two of whom shall be Members of 
the United States House of Representatives, one of whom shall be 
appointed by the Speaker of the House of Representatives and one of 
whom shall be appointed by the minority leader of the House of 
Representatives, in consultation with the chairman and ranking minority 
member, respectively, of the Permanent Select Committee on 
Intelligence.
    (b) The private members of the Commission shall be appointed from 
among persons of demonstrated ability and accomplishment in government, 
business, law, academe, journalism, or other profession, a majority of 
whom shall not have previously held senior leadership positions in the 
intelligence community.
    (c) The President shall designate a private member as Chairman of 
the Commission.

SEC. 3. PERIOD OF APPOINTMENT; VACANCIES.

    Members shall be appointed for the life of the Commission. Any 
vacancy in the Commission shall not affect its powers, but shall be 
filled in the same manner as the original appointments.

SEC. 4. INITIAL ORGANIZATIONAL REQUIREMENTS.

    (a) The appointments required by section 2 shall be made within 45 
days after the effective date of this Act.
    (b) Appropriate security clearances shall be required for members 
of the Commission who are private United States citizens. Such 
clearances shall be processed and completed on an expedited basis by 
appropriate elements of the executive branch, and shall in any case be 
completed within 45 days of the date such members are appointed.
    (c) The Commission shall convene its first meeting within four 
months of the effective date of this Act.

SEC. 5. DUTIES OF THE COMMISSION.

    (a) In general, it shall be the duty of the Commission to review 
the efficacy and appropriateness of the activities of the United States 
intelligence community in the post-cold war global environment and to 
issue a report which sets forth the Commission's recommendations with 
respect to the roles and capabilities which are required by the United 
States for the foreseeable future.
    (b) In carrying out the mandate of subsection (a), the Commission 
shall specifically consider the following:
            (1) What should be the roles and missions of the 
        intelligence community in terms of providing support to the 
        defense and foreign policy establishments.
            (2) Whether the roles and missions of the intelligence 
        community should extend beyond the traditional areas of 
        providing support to the defense and foreign policy 
        establishments, and, if so, what areas should be considered 
        legitimate for intelligence-gathering and analysis, for 
        example, economic issues, environmental issues, health issues.
            (3) What functions, if any, should continue to be assigned 
        the Central Intelligence Agency and what capabilities should it 
        retain for the future.
            (4) Whether the existing organization and management 
        framework of the Central Intelligence Agency provide the 
        optimal structure for the accomplishment of its mission.
            (5) Whether existing principles and strategies governing 
        the acquisition and maintenance of intelligence collection 
        capabilities should be retained and what collection 
        capabilities should the Government retain to meet future 
        contingencies.
            (6) Whether intelligence analysis, as it is currently 
        structured and executed, adds sufficient value to information 
        otherwise available to the Government to justify its 
        continuation, and, if so, at what level of resources.
            (7) Whether the existing decentralized system of 
        intelligence analysis results in significant waste or 
        duplication, and, if so, what can be done to correct these 
        deficiencies.
            (8) Whether the existing arrangements for allocating 
        available resources to accomplish the roles and missions 
        assigned to intelligence agencies are adequate.
            (9) Whether the existing framework for coordinating 
        intelligence collection and analysis among elements of the 
        intelligence community and for coordinating other activities of 
        intelligence agencies, for example, training, operational 
        activity, et cetera, provides an optimal structure for such 
        coordination.
            (10) Whether current personnel policies and practices of 
        intelligence agencies provide an optimal work force to satisfy 
        the needs of intelligence consumers.
            (11) Whether resources for intelligence activities should 
        continue to be allocated as part of the defense budget or be 
        treated by the President and Congress as a separate budgetary 
        program.
            (12) Whether the existing levels of resources allocated for 
        intelligence-gathering or intelligence analysis, or to provide 
        a capability to conduct covert actions, are seriously at 
        variance with United States needs.
            (13) Whether there are areas of redundant or overlapping 
        activity or areas where there is evidence of serious waste, 
        duplication, or mismanagement.
            (14) To what extent, if any, should the budget for United 
        States intelligence activities be publicly disclosed.
            (15) To what extent, if any, should United States 
        intelligence collect information bearing upon private 
        commercial activity and how should such information be 
        controlled and disseminated.
            (16) Whether counterintelligence policies and practices are 
        adequate to ensure that employees of intelligence agencies are 
        sensitive to security problems, and whether intelligence 
        agencies themselves have adequate authority and capability to 
        address perceived security problems.
            (17) How the size, missions, capabilities, and resources of 
        the United States intelligence community compare to those of 
        the Governments of the United Kingdom, Canada, Australia, 
        France, Israel, Russia, and Germany.
            (18) Whether existing collaborative arrangements between 
        the United States and other countries in the area of 
        intelligence cooperation should be maintained and whether such 
        arrangements should be expanded to provide for increased 
        burdensharing.
            (19) Whether existing arrangements for sharing intelligence 
        with multinational organizations in support of mutually-shared 
        objectives are adequate.

SEC. 6. REPORTS.

    (a) Not later than two months after the first meeting of the 
Commission, the Commission shall transmit to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives a report setting forth its 
plan for the work of the Commission.
    (b) The Commission, not later than December 31, 1996, shall submit 
to the President and to the two committees named in subsection (1) a 
report setting forth the activities, findings, and recommendations of 
the Commission, including any recommendations for legislation that the 
Commission considers advisable. To the extent feasible, such report 
shall be unclassified and made available to the public. This report 
shall be supplemented as necessary by a classified report or annex 
which shall be provided separately to the recipients named herein.

SEC. 7. POWERS.

    (a) The Commission or, at its direction, any panel or member of the 
Commission, may, for the purpose of carrying out the provisions of this 
section, hold hearings sit and act at times and places, take testimony, 
receive evidence, and administer oaths to the extent that the 
Commission or any panel or member considers advisable.
    (b) The Commission may secure directly from the departments or 
agencies within the intelligence community and from any other Federal 
department or agency any information that the Commission considers 
necessary to enable the Commission to carry out its responsibilities 
under this section. Upon request of the Chairman of the Commission, the 
head of such department or agency shall furnish such information 
expeditiously to the Commission.

SEC. 8. COMMISSION PROCEDURES.

    (a) The Commission shall meet at the call of the Chairman.
    (b) Six members of the Commission shall constitute a quorum, but a 
lesser number of members may hold hearings, take testimony, or receive 
evidence.
    (c) The Commission shall act by resolution agreed to by a majority 
of the members of the Commission.
    (d) The Commission may establish panels composed of less than the 
full membership of the Commission for the purpose of carrying out the 
Commission's duties. The actions of each 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.

SEC. 9. AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.

    Any member or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is authorized to take 
under this section.

SEC. 10. ADMINISTRATIVE MATTERS.

    (a) Each member of the Commission who is a private United States 
citizen shall be paid at a rate equal to the daily equivalent of the 
annual rate of basic pay payable for level V of the Executive Schedule 
under section 5316 of title 5, United States Code, for each day 
(including travel time) during which the member is engaged in the 
performance of the duties of the Commission. All members of the 
Commission who are Members of the Congress shall serve without pay.
    (b) Each 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, while away from their homes or regular places of 
business in the performance of services for the Commission.
    (c) The Chairman of the Commission may, without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service appoint a staff director and such additional 
personnel as may be necessary to enable the Commission to perform its 
duties. The appointment of a staff director shall be subject to the 
approval of the Commission. No member of the staff shall be a current 
officer or employee of the intelligence community.
    (d) The Chairman of the Commission may fix the pay of the staff 
director and other personnel without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, United States 
Code, relating to classification of positions and General Schedule pay 
rates, except that the rate of pay fixed under this paragraph for the 
staff director may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of such title and the rate of pay 
for other personnel may not exceed the maximum rate payable for grade 
GS-15 of the General Schedule.
    (e) Upon request of the Chairman of the Commission, the head of any 
Federal department or agency may detail, on a non-reimbursable basis, 
any personnel of that department or agency to the Commission to assist 
it in carrying out its administrative and clerical functions, except 
that no personnel shall be detailed to the staff of the Commission who 
currently are officers or employees of an agency within the 
intelligence community.
    (f) The Chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed the daily equivalent 
of the annual rate of basic pay payable for level V of the Executive 
Schedule under section 5316 of such title.
    (g) The Commission may use the United States mails and obtain 
printing and binding services in the same manner and under the same 
conditions as other departments and agencies of the Federal Government.
    (h) The Director of Central Intelligence shall furnish the 
Commission, on a reimbursable basis, any administrative and support 
services requested by the Commission consistent with this section.

SEC. 11. PAYMENT OF COMMISSION EXPENSES.

    The compensation, travel expenses, per diem allowances of members 
and employees of the Commission, and other expenses of the Commission 
shall be paid out of funds available to the Director of Central 
Intelligence for the payment of compensation, travel allowances, and 
per diem allowances, respectively, of employees of the Central 
Intelligence Agency.

SEC. 12. TERMINATION OF THE COMMISSION.

    The Commission shall terminate one month after the date of the 
submission of the report required by subsection (6)(b), or on January 
31, 1997, whichever is later.

                                 <all>

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