II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ESTABLISHMENT OF COMMISSION ON THE

4 ROLES AND CAPABILITIES OF THE UNITED

5 STATES INTELLIGENCE COMMUNITY.

6 There is hereby established a commission to be known

7 as the Commission on the roles and capabilities of the

8 United States intelligence community (hereinafter referred

9 to as the ‘‘Commission’’). For purposes of this section the
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1 term ‘‘intelligence community’’ shall have the same mean2 ing as set forth in section 401a(4) of title 50, United

3 States Code.

4 SEC. 2. COMPOSITION AND QUALIFICATIONS.

5 (a) The Commission shall be composed of eleven

6 members, seven of whom shall be private United States

7 citizens appointed by the President; two of whom shall be

8 Members of the United States Senate, one of whom shall

9 be appointed by the majority leader of the Senate and one

10 of whom shall be appointed by the minority leader of the

11 Senate, in consultation with the chairman and vice chair12 man, respectively, of the Select Committee on Intelligence;

13 and two of whom shall be Members of the United States

14 House of Representatives, one of whom shall be appointed

15 by the Speaker of the House of Representatives and one

16 of whom shall be appointed by the minority leader of the

17 House of Representatives, in consultation with the chair18 man and ranking minority member, respectively, of the

19 Permanent Select Committee on Intelligence.

20 (b) The private members of the Commission shall be

21 appointed from among persons of demonstrated ability

22 and accomplishment in government, business, law, aca23 deme, journalism, or other profession, a majority of whom

24 shall not have previously held senior leadership positions

25 in the intelligence community.
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1 (c) The President shall designate a private member

2 as Chairman of the Commission.

3 SEC. 3. PERIOD OF APPOINTMENT; VACANCIES.

4 Members shall be appointed for the life of the Com5 mission. Any vacancy in the Commission shall not affect

6 its powers, but shall be filled in the same manner as the

7 original appointments.

8 SEC. 4. INITIAL ORGANIZATIONAL REQUIREMENTS.

9 (a) The appointments required by section 2 shall be

10 made within 45 days after the effective date of this Act.

11 (b) Appropriate security clearances shall be required

12 for members of the Commission who are private United

13 States citizens. Such clearances shall be processed and

14 completed on an expedited basis by appropriate elements

15 of the executive branch, and shall in any case be completed

16 within 45 days of the date such members are appointed.

17 (c) The Commission shall convene its first meeting

18 within four months of the effective date of this Act.

19 SEC. 5. DUTIES OF THE COMMISSION.

20 (a) In general, it shall be the duty of the Commission

21 to review the efficacy and appropriateness of the activities

22 of the United States intelligence community in the post23 cold war global environment and to issue a report which

24 sets forth the Commission’s recommendations with respect
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1 to the roles and capabilities which are required by the

2 United States for the foreseeable future.

3 (b) In carrying out the mandate of subsection (a),

4 the Commission shall specifically consider the following:

5 (1) What should be the roles and missions of

6 the intelligence community in terms of providing

7 support to the defense and foreign policy establish8 ments.

9 (2) Whether the roles and missions of the intel10 ligence community should extend beyond the tradi11 tional areas of providing support to the defense and

12 foreign policy establishments, and, if so, what areas

13 should be considered legitimate for intelligence-gath14 ering and analysis, for example, economic issues, en15 vironmental issues, health issues.

16 (3) What functions, if any, should continue to

17 be assigned the Central Intelligence Agency and

18 what capabilities should it retain for the future.

19 (4) Whether the existing organization and man20 agement framework of the Central Intelligence

21 Agency provide the optimal structure for the accom22 plishment of its mission.

23 (5) Whether existing principles and strategies

24 governing the acquisition and maintenance of intel25 ligence collection capabilities should be retained and
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1 what collection capabilities should the Government

2 retain to meet future contingencies.

3 (6) Whether intelligence analysis, as it is cur4 rently structured and executed, adds sufficient value

5 to information otherwise available to the Govern6 ment to justify its continuation, and, if so, at what

7 level of resources.

8 (7) Whether the existing decentralized system

9 of intelligence analysis results in significant waste or

10 duplication, and, if so, what can be done to correct

11 these deficiencies.

12 (8) Whether the existing arrangements for allo13 cating available resources to accomplish the roles

14 and missions assigned to intelligence agencies are

15 adequate.

16 (9) Whether the existing framework for coordi17 nating intelligence collection and analysis among ele18 ments of the intelligence community and for coordi19 nating other activities of intelligence agencies, for

20 example, training, operational activity, et cetera,

21 provides an optimal structure for such coordination.

22 (10) Whether current personnel policies and

23 practices of intelligence agencies provide an optimal

24 work force to satisfy the needs of intelligence con25 sumers.
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1 (11) Whether resources for intelligence activi2 ties should continue to be allocated as part of the

3 defense budget or be treated by the President and

4 Congress as a separate budgetary program.

5 (12) Whether the existing levels of resources al6 located for intelligence-gathering or intelligence anal7 ysis, or to provide a capability to conduct covert ac8 tions, are seriously at variance with United States

9 needs.

10 (13) Whether there are areas of redundant or

11 overlapping activity or areas where there is evidence

12 of serious waste, duplication, or mismanagement.

13 (14) To what extent, if any, should the budget

14 for United States intelligence activities be publicly

15 disclosed.

16 (15) To what extent, if any, should United

17 States intelligence collect information bearing upon

18 private commercial activity and how should such in19 formation be controlled and disseminated.

20 (16) Whether counterintelligence policies and

21 practices are adequate to ensure that employees of

22 intelligence agencies are sensitive to security prob23 lems, and whether intelligence agencies themselves

24 have adequate authority and capability to address

25 perceived security problems.
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1 (17) How the size, missions, capabilities, and

2 resources of the United States intelligence commu3 nity compare to those of the Governments of the

4 United Kingdom, Canada, Australia, France, Israel,

5 Russia, and Germany.

6 (18) Whether existing collaborative arrange7 ments between the United States and other coun8 tries in the area of intelligence cooperation should be

9 maintained and whether such arrangements should

10 be expanded to provide for increased burdensharing.

11 (19) Whether existing arrangements for sharing

12 intelligence with multinational organizations in sup13 port of mutually-shared objectives are adequate.

14 SEC. 6. REPORTS.

15 (a) Not later than two months after the first meeting

16 of the Commission, the Commission shall transmit to the

17 Select Committee on Intelligence of the Senate and the

18 Permanent Select Committee on Intelligence of the House

19 of Representatives a report setting forth its plan for the

20 work of the Commission.

21 (b) The Commission, not later than December 31,

22 1996, shall submit to the President and to the two com23 mittees named in subsection (1) a report setting forth the

24 activities, findings, and recommendations of the Commis25 sion, including any recommendations for legislation that
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1 the Commission considers advisable. To the extent fea2 sible, such report shall be unclassified and made available

3 to the public. This report shall be supplemented as nec4 essary by a classified report or annex which shall be pro5 vided separately to the recipients named herein.

6 SEC. 7. POWERS.

7 (a) The Commission or, at its direction, any panel

8 or member of the Commission, may, for the purpose of

9 carrying out the provisions of this section, hold hearings

10 sit and act at times and places, take testimony, receive

11 evidence, and administer oaths to the extent that the Com12 mission or any panel or member considers advisable.

13 (b) The Commission may secure directly from the de14 partments or agencies within the intelligence community

15 and from any other Federal department or agency any in16 formation that the Commission considers necessary to en17 able the Commission to carry out its responsibilities under

18 this section. Upon request of the Chairman of the Com19 mission, the head of such department or agency shall fur20 nish such information expeditiously to the Commission.

21 SEC. 8. COMMISSION PROCEDURES.

22 (a) The Commission shall meet at the call of the

23 Chairman.
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1 (b) Six members of the Commission shall constitute

2 a quorum, but a lesser number of members may hold hear3 ings, take testimony, or receive evidence.

4 (c) The Commission shall act by resolution agreed to

5 by a majority of the members of the Commission.

6 (d) The Commission may establish panels composed

7 of less than the full membership of the Commission for

8 the purpose of carrying out the Commission’s duties. The

9 actions of each such panel shall be subject to the review

10 and control of the Commission. Any findings and deter11 minations made by such a panel shall not be considered

12 the findings and determinations of the Commission unless

13 approved by the Commission.

14 SEC. 9. AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS15 SION.

16 Any member or agent of the Commission may, if au17 thorized by the Commission, take any action which the

18 Commission is authorized to take under this section.

19 SEC. 10. ADMINISTRATIVE MATTERS.

20 (a) Each member of the Commission who is a private

21 United States citizen shall be paid at a rate equal to the

22 daily equivalent of the annual rate of basic pay payable

23 for level V of the Executive Schedule under section 5316

24 of title 5, United States Code, for each day (including

25 travel time) during which the member is engaged in the
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1 performance of the duties of the Commission. All members

2 of the Commission who are Members of the Congress shall

3 serve without pay.

4 (b) Each member of the Commission shall be allowed

5 travel expenses, including per diem in lieu of subsistence,

6 at rates authorized for employees of agencies under sub7 chapter I of chapter 57 of title 5, United States Code,

8 while away from their homes or regular places of business

9 in the performance of services for the Commission.

10 (c) The Chairman of the Commission may, without

11 regard to the provisions of title 5, United States Code,

12 governing appointments in the competitive service appoint

13 a staff director and such additional personnel as may be

14 necessary to enable the Commission to perform its duties.

15 The appointment of a staff director shall be subject to the

16 approval of the Commission. No member of the staff shall

17 be a current officer or employee of the intelligence commu18 nity.

19 (d) The Chairman of the Commission may fix the pay

20 of the staff director and other personnel without regard

21 to the provisions of chapter 51 and subchapter III of chap22 ter 53 of title 5, United States Code, relating to classifica23 tion of positions and General Schedule pay rates, except

24 that the rate of pay fixed under this paragraph for the

25 staff director may not exceed the rate payable for level
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1 V of the Executive Schedule under section 5316 of such

2 title and the rate of pay for other personnel may not ex3 ceed the maximum rate payable for grade GS–15 of the

4 General Schedule.

5 (e) Upon request of the Chairman of the Commission,

6 the head of any Federal department or agency may detail,

7 on a non-reimbursable basis, any personnel of that depart8 ment or agency to the Commission to assist it in carrying

9 out its administrative and clerical functions, except that

10 no personnel shall be detailed to the staff of the Commis11 sion who currently are officers or employees of an agency

12 within the intelligence community.

13 (f) The Chairman of the Commission may procure

14 temporary and intermittent services under section 3109(b)

15 of title 5, United States Code, at rates for individuals

16 which do not exceed the daily equivalent of the annual rate

17 of basic pay payable for level V of the Executive Schedule

18 under section 5316 of such title.

19 (g) The Commission may use the United States mails

20 and obtain printing and binding services in the same man21 ner and under the same conditions as other departments

22 and agencies of the Federal Government.

23 (h) The Director of Central Intelligence shall furnish

24 the Commission, on a reimbursable basis, any administra-
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1 tive and support services requested by the Commission

2 consistent with this section.

3 SEC. 11. PAYMENT OF COMMISSION EXPENSES.

4 The compensation, travel expenses, per diem allow5 ances of members and employees of the Commission, and

6 other expenses of the Commission shall be paid out of

7 funds available to the Director of Central Intelligence for

8 the payment of compensation, travel allowances, and per

9 diem allowances, respectively, of employees of the Central

10 Intelligence Agency.

11 SEC. 12. TERMINATION OF THE COMMISSION.

12 The Commission shall terminate one month after the

13 date of the submission of the report required by subsection

14 (6)(b), or on January 31, 1997, whichever is later.

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