1.This Act may be cited as
the Surveillance Activities Commission
Act of 2006
.
2.In this Act—
(1)the term
Commission means the National Commission on Surveillance
Activities and the Rights of Americans established under section 3;
(2)the term
electronic surveillance has the same meaning as in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);
(3)the term
Foreign Intelligence Surveillance Court means the court
established under section 103(a) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1803(a));
(4)the terms
pen register and trap and trace device have the same
meaning as in section 3127 of title 18, United States Code;
(5)The term
physical search has the same meaning as in section 301 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821);
(6)the term
surveillance means any electronic surveillance, physical search,
use of a pen register or trap and trace device, order for the production of any
tangible item, or surveillance activity for which a Federal or State government
agent is required to obtain a warrant, before or after engaging in the
activity; and
(7)the term warrantless surveillance
program means a program of warrantless surveillance conducted inside the
United States by any Federal or State agency.
3.Establishment of
commissionThere is
established in the legislative branch the National Commission on Surveillance
Activities and the Rights of Americans to conduct an investigation and to study
governmental operations with respect to warrantless surveillance conducted
inside the United States and intelligence activities, and the extent, if any,
to which illegal, improper, or unethical activities were engaged in by any
Federal, State, or local government agency or any person employed by a Federal,
State, or local government.
4.The purposes of the Commission are
to—
(1)examine and
report upon the facts, causes, and use of executive authority relating to any
warrantless surveillance conducted inside the United States that occurred after
September 11, 2001, by the National Security Agency or any other Federal or
State agency, and the extent to which any illegal, improper, or unethical
activities were engaged in by any agency or by any person, acting either
individually or in combination with others, in carrying out any surveillance
activities;
(2)examine the
origin and operation of any warrantless surveillance conducted inside the
United States, including the collection, processing, analysis, dissemination,
and retention of intelligence information;
(3)report on any
constitutional, statutory, and regulatory basis for any warrantless
surveillance program, including all presidential orders and authorizations, and
all opinions, instructions, or guidance concerning any warrantless surveillance
program provided by the Department of Justice, the Director of Central
Intelligence, the Director of National Intelligence, the Director of the
National Security Agency, the Department of Defense, or any department, office,
or agency of the Federal Government, and any of their subordinate offices or
officials, either in writing or verbally;
(4)examine any
periodic reviews of any warrantless surveillance program, including all reviews
conducted by the National Security Agency Inspector General, the Department of
Justice, or any other Federal agency;
(5)gather any
information regarding questions raised by any judge of the Foreign Intelligence
Surveillance Court regarding any warrantless surveillance program or the
utilization of intelligence collected under such program, and any response by
the Department of Justice to any such inquiries, including any temporary
cessation of such surveillance activities;
(6)investigate any
participation by, or use of the facilities or personnel of, United States
electronic communications providers in warrantless surveillance conducted
inside the United States, including the origin of certifications or
representations provided to such providers concerning the legal authority for
their cooperation;
(7)ascertain,
evaluate, and report on the evidence developed by all relevant governmental
agencies regarding any facts or circumstances that may have violated the
separation of powers enumerated in the Constitution of the United States,
including—
(A)article I,
sections 1 and 8 of the Constitution of the United States; and
(B)article III,
sections 1 and 2 of the Constitution of the United States;
(8)ascertain and
evaluate any potential violations, including violations of the first, fourth,
and fourteenth amendments to the Constitution of the United States;
(9)investigate and
report on any violation of the Foreign Intelligence Surveillance Act (50 U.S.C.
1801 et seq.), or any other applicable law;
(10)examine the duty
of the President to brief all Members of Congress regarding warrantless
surveillance of United States citizens conducted inside the United
States;
(11)build upon the
investigations of other entities, and avoid unnecessary duplication, by
reviewing the findings, conclusions, and recommendations of—
(A)any investigation
by a Committee of the Senate or the House of Representatives; and
(B)other executive
branch, congressional, or independent commission investigations into the
warrantless surveillance conducted inside the United States;
(12)make a full and
complete accounting of the circumstances surrounding warrantless surveillance
conducted inside the United States, including an assessment of its
effectiveness in protecting the United States from terrorism;
(13)make a full and
complete accounting of the use of any appropriated funds by any Federal, State,
or local government agency or any person employed by a Federal, State, or local
government in carrying out warrantless surveillance; and
(14)investigate and
report to the President and Congress on its findings, conclusions, and
recommendations for corrective measures that should be taken regarding any
violations of any law dealing with intelligence gathering, and to prevent
future violations.
5.Composition of
commission
(a)The
Commission shall be composed of 14 members, of whom—
(1)1 member, who
shall serve as Chairman of the Commission, shall be appointed by the Majority
Leader of the Senate, in consultation with the Majority Leader of the House of
Representatives;
(2)1 member, who
shall serve as Vice Chairman of the Commission, shall be appointed by the
Minority Leader of the Senate, in consultation with the Minority Leader of the
House of Representatives;
(3)1 member shall be
appointed by the Chairman of the Committee on the Judiciary of the
Senate;
(4)1 member shall be
appointed by the Ranking Member of the Committee on the Judiciary of the
Senate;
(5)1 member shall be
appointed by the Chairman of the Select Committee on Intelligence of the
Senate;
(6)1 member shall be
appointed by the Vice Chairman of the Select Committee on Intelligence of the
Senate;
(7)1 member shall be
appointed by the Chairman of the Committee on the Judiciary of the House of
Representatives;
(8)1 member shall be
appointed by the Ranking Member of the Committee on the Judiciary of the House
of Representatives;
(9)1 member shall be
appointed by the Chairman of the Permanent Select Committee on Intelligence of
the House of Representatives;
(10)1 member shall
be appointed by the Ranking Member of the Permanent Select Committee on
Intelligence of the House of Representatives;
(11)1 member shall
be appointed by the Chairman of the Committee on Appropriations of the
Senate;
(12)1 member shall
be appointed by the Ranking Member of the Committee on Appropriations of the
Senate;
(13)1 member shall
be appointed by the Chairman of the Committee on Appropriations of the House of
Representatives; and
(14)1 member shall
be appointed by the Ranking Member of the Committee on Appropriations of the
House of Representatives.
(b)All members of the Commission shall be appointed not
later than the date that is 3 months after the date of enactment of this
Act.
(c)Qualifications;
Initial Meeting
(1)
Nongovernmental appointeesAn individual appointed to the
Commission may not be an officer or employee of the Federal Government or any
State or local government.
(2)It is the sense of Congress that individuals
appointed to the Commission should be prominent United States citizens, with
national recognition and significant depth of experience in such professions as
law, intelligence gathering, and foreign affairs.
(3)The Commission shall meet and begin the operations of the
Commission as soon as practicable.
(d)After its initial meeting, the Commission shall meet
upon the call of the Chairman or a majority of its members. Six members of the
Commission shall constitute a quorum. 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.
6.The functions of
the Commission are to—
(1)conduct an
investigation that—
(A)investigates
relevant facts and circumstances relating to all incidents of warrantless
surveillance conducted inside the United States, including any relevant
legislation, Executive order, regulation, plan, policy, practice, or procedure;
and
(B)may include
relevant facts and circumstances relating to—
(i)intelligence
agencies and intelligence gathering;
(ii)the
Authorization for Use of Military Force, (Public Law 107–40; 50 U.S.C. 1541
note), as a justification for warrantless surveillance conducted inside the
United States;
(iii)any use of
appropriated funds in carrying out warrantless surveillance conducted inside
the United States in contradiction of Federal law;
(iv)the jurisdiction
of the Foreign Intelligence Surveillance Court, in issuing warrants for the
purpose of surveillance conducted inside the United States;
(v)the
role of congressional oversight and resource allocation;
(vi)possible
legislative initiatives that could strengthen the use of lawful surveillance
conducted inside the United States in effectively protecting national security,
while preserving constitutional checks and balances and liberties; and
(vii)other areas of
the public and private sectors determined relevant by the Commission for its
inquiry; and
(2)submit to the
President and Congress such reports as are required by this Act containing such
findings, conclusions, and recommendations as the Commission shall determine,
including proposing organization, coordination, planning, management
arrangements, procedures, rules, and regulations.
7.
(a)
(1)The Commission or, on the authority of the Commission,
any subcommittee or member thereof, may, for the purpose of carrying out this
Act—
(A)hold such
hearings and sit and act at such times and places, take such testimony, receive
such evidence, administer such oaths; and
(B)subject to
paragraph (2)(A), 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 may determine advisable.
(2)
(A)
(i)A subpoena may be issued under this subsection
only—
(I)by the agreement
of the Chairman and the Vice Chairman; or
(II)by the
affirmative vote of 8 members of the Commission.
(ii)Subject
to clause (i), subpoenas issued under this subsection may be issued under the
signature of the Chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the Chairman or by a
member designated by a majority of the Commission.
(B)In
the case of contumacy or failure to obey a subpoena issued the United States
district court for the judicial district in which the subpoenaed person
resides, is served, or may be found, or where the subpoena is returnable, may
issue an order requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a contempt of that
court.
(b)The
Commission may, to such extent and in such amounts as are provided in
appropriation Acts, enter into contracts to enable the Commission to discharge
its duties under this Act.
(c)Information
From Federal Agencies
(1)The Commission is authorized to secure directly from any
executive department, bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Federal Government, information,
suggestions, estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and statistics directly to
the Commission, upon request made by the Chairman, the Chairman of any
subcommittee created by a majority of the Commission, or any member designated
by a majority of the Commission.
(2)Receipt,
handling, storage, and disseminationInformation shall only be
received, handled, stored, and disseminated by members of the Commission and
its staff consistent with all applicable statutes, regulations, and Executive
orders.
(d)Assistance From
Federal Agencies
(1)General
services administrationThe Administrator of General Services
shall provide to the Commission on a reimbursable basis administrative support
and other services for the performance of the Commission's functions.
(2)Other
departments and agenciesIn addition to the assistance prescribed
in paragraph (1), departments and agencies of the United States may provide to
the Commission such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be authorized by
law.
(e)The Commission may use the United States mails in the
same manner and under the same conditions as departments and agencies of the
United States.
8.Nonapplicability
of federal advisory committee act
(a)The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
(b)Public Meetings
and Release of Public Versions of ReportsThe Commission
shall—
(1)hold public
hearings and meetings to the extent appropriate; and
(2)release public
versions of the reports required under subsections (a) and (b) of section
12.
(c)Any public hearings of the Commission shall be conducted
in a manner consistent with the protection of information provided to or
developed for or by the Commission as required by any applicable statute,
regulation, or Executive order.
9.
(a)
(1)Appointment and
compensationThe Chairman, in consultation with the Vice Chairman
and in accordance with rules agreed upon by the Commission, may 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 functions, 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
subchapter III of 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 for a position at level V
of the Executive Schedule under section 5316 of title 5, United States
Code.
(2)Personnel as
Federal employees
(A)The executive director and any personnel of the
Commission who are employees shall be employees under section 2105 of title 5,
United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A,
89B, and 90 of that title.
(B)Subparagraph (A) shall not be construed to apply to
members of the Commission.
(b)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.
(c)The Commission is authorized to 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 title 5,
United States Code.
10.Compensation
and travel expenses
(a)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.
(b)While away from their homes or regular places of
business in the performance of services for the Commission, members of the
Commission shall 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.
11.Security
clearances for commission members and staffThe appropriate Federal departments or
agencies shall cooperate with the Commission in expeditiously providing to the
Commission members and staff appropriate security clearances to the extent
possible under the relevant procedures and requirements, except that no person
shall be provided with access to classified information under this Act without
the appropriate security clearances.
12.Reports of
commission; termination
(a)The Commission shall
submit to the President and Congress interim reports containing such findings,
conclusions, and recommendations for corrective measures as have been agreed to
by a majority of Commission members.
(b)Not later than 18 months after the date of enactment of
this Act, the Commission shall submit to the President and Congress a final
report containing such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of Commission
members.
(c)Each report submitted under subsection (a) or (b)
shall be in unclassified form, but may include a classified annex.
(d)
(1)The Commission, and all the authorities of this Act,
shall terminate 60 days after the date on which the final report is submitted
under subsection (b).
(2)Administrative
activities before terminationThe Commission may use the 60-day
period referred to in paragraph (1) for the purpose of concluding its
activities, including providing testimony to committees of Congress concerning
its reports and disseminating the final report.
13.
(a)Authorization
of AppropriationsThere are authorized to be appropriated such
sums as are necessary to carry out this Act.
(b)Amounts made available to the Commission under
subsection (a) shall remain available until the termination of the
Commission.