II 

110TH CONGRESS 

2D SESSION S. 3567 

To establish a Commission on the conflict between Russia and Georgia, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Mrs. CLINTON introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To establish a Commission on the conflict between Russia 

and Georgia, 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. SHORT TITLE. 

4 This Act may be cited as the 

5 ‘‘llllllllll Act of 2008’’. 

6 SEC. 2. ESTABLISHMENT OF COMMISSION ON THE CON7 FLICT BETWEEN RUSSIA AND GEORGIA. 

8 There is established the Commission on the Conflict 

9 between Russia and Georgia (in this Act referred to as 

10 the ‘‘Commission’’). 


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1 SEC. 3. PURPOSES OF COMMISSION. 

2 The purposes of the Commission are to— 

3 (1) to examine the causes of the conflict be4 tween Russia and Georgia that began on August 7, 

5 2008; and 

6 (2) make recommendations with respect to the 

7 policies of the United States toward Russia, Georgia, 

8 and other countries in the region. 

9 SEC. 4. COMPOSITION OF COMMISSION. 

10 (a) MEMBERS.—The Commission shall be composed 

11 of 9 members, of whom— 

12 (1) 1 member shall be appointed by the major13 ity leader of the Senate, with the concurrence of the 

14 Speaker of the House of Representatives, who shall 

15 serve as chair of the Commission; 

16 (2) 2 members shall be appointed by the major17 ity leader of the Senate; 

18 (3) 2 members shall be appointed by the minor19 ity leader of the Senate; 

20 (4) 2 members shall be appointed by the Speak21 er of the House of Representatives; and 

22 (5) 2 members shall be appointed by the minor23 ity leader of the House of Representatives. 

24 (b) QUALIFICATIONS.—It is the sense of Congress 

25 that individuals appointed to the Commission should be 

26 prominent United States citizens, with significant depth 


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1 of experience in the field of foreign relations and with ex2 pertise regarding relations between Russia and Georgia. 

3 (c) DEADLINE FOR APPOINTMENT.—All members of 

4 the Commission shall be appointed within 90 days of the 

5 date of the enactment of this Act. 

6 (d) INITIAL MEETING.—The Commission shall meet 

7 and begin the operations of the Commission as soon as 

8 practicable after the 90-day period described in subsection 

9 (c). After its initial meeting, the Commission shall meet 

10 upon the call of the chair or a majority of its members. 

11 (e) QUORUM; VACANCIES.—Six members of the Com12 mission shall constitute a quorum. Any vacancy in the 

13 Commission shall not affect its powers, but shall be filled 

14 in the same manner in which the original appointment was 

15 made. 

16 SEC. 5. RESPONSIBILITIES OF COMMISSION. 

17 The Commission shall— 

18 (1) examine and determine the timeline of 

19 events since 1991 that led to the conflict between 

20 Russia and Georgia that began on August 7, 2008; 

21 (2) examine the policies of the Government of 

22 Russia with respect to Georgia; 

23 (3) examine the policies of the Government of 

24 Georgia with respect to the regions of South Ossetia 

25 and Abkhazia; 


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1 (4) evaluate the role of the North Atlantic 

2 Treaty Organization and the April 2008 Bucharest 

3 Summit in the development of the conflict between 

4 Russia and Georgia; 

5 (5) examine and evaluate the policies of the 

6 United States with respect to Russia and Georgia in 

7 the context of the conflict, including— 

8 (A) any communications by officials of the 

9 United States to the Government of Russia; 

10 and 

11 (B) any communications by officials of the 

12 United States to the Government of Georgia; 

13 (6) review the role of peacekeepers from Russia 

14 in South Ossetia and the relationship between Geor15 gia and the peacekeepers; 

16 (7) review and evaluate the training and pre17 paredness of the militaries of Russia and Georgia, 

18 including— 

19 (A) any focus in the training of the mili20 tary of Russia with respect to Georgia; and 

21 (B) any focus in the training of the mili22 tary of Georgia with respect to Russia; 

23 (8) review and evaluate allegations of genocide 

24 and ethnic cleansing during the conflict; and 


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1 (9) make recommendations with respect to the 

2 policies of the United States with respect to Russia, 

3 Georgia, and other countries in the region in the 

4 context of the conflict between Russia and Georgia. 

5 SEC. 6. POWERS OF COMMISSION. 

6 (a) HEARINGS AND EVIDENCE.—The Commission or, 

7 on the authority of the Commission, any subcommittee or 

8 member thereof, may, for the purpose of carrying out this 

9 Act, hold such hearings and sit and act at such times and 

10 places, take such testimony, receive such evidence, and ad11 minister such oaths as the Commission, subcommittee, or 

12 member, as the case may be, may determine advisable. 

13 (b) CONTRACTING.—The Commission may, to such 

14 extent and in such amounts as are provided in appropria15 tions Acts, enter into contracts to enable the Commission 

16 to discharge its duties under this Act. 

17 (c) STAFF OF COMMISSION.— 

18 (1) APPOINTMENT AND COMPENSATION.—The 

19 chairman of the Commission, in accordance with 

20 rules agreed upon by the Commission, may appoint 

21 and fix the compensation of a staff director and 

22 such other personnel as may be necessary to enable 

23 the Commission to carry out its functions, without 

24 regard to— 


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1 (A) the provisions of title 5, United States 

2 Code, governing appointments in the competi3 tive service; or 

4 (B) the provisions of chapter 51 and sub5 chapter III of chapter 53 of such title relating 

6 to classification and General Schedule pay 

7 rates, except that no rate of pay fixed under 

8 this subsection may exceed the rate of pay for 

9 a position at level V of the Executive Schedule 

10 under section 5316 of such title. 

11 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

12 (A) IN GENERAL.—The executive director 

13 and any employees of the Commission shall be 

14 employees under section 2105 of title 5, United 

15 States Code, for purposes of chapters 63, 81, 

16 83, 84, 85, 87, 89, and 90 of such title. 

17 (B) MEMBERS OF COMMISSION.—Subpara18 graph (A) shall not be construed to apply to 

19 members of the Commission. 

20 (3) DETAILEES.—Any Federal Government em21 ployee may be detailed to the Commission without 

22 reimbursement from the Commission, and such 

23 detailee shall retain the rights, status, and privileges 

24 of the detailee’s regular employment without inter25 ruption. 


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1 (4) CONSULTANT SERVICES.—The Commission 

2 may procure the services of experts and consultants 

3 in accordance with section 3109 of title 5, United 

4 States Code, at rates not to exceed the daily rate of 

5 pay for a position at level IV of the Executive 

6 Schedule under section 5315 of such title. 

7 (5) EMPHASIS ON SECURITY CLEARANCES.— 

8 Emphasis shall be made to hire employees and re9 tain contractors and detailees with active security 

10 clearances. 

11 (d) INFORMATION FROM FEDERAL AGENCIES.— 

12 (1) IN GENERAL.—The Commission is author13 ized to secure directly from any executive depart14 ment, bureau, agency, board, commission, office, 

15 independent establishment, or instrumentality of the 

16 Government, information, suggestions, estimates, 

17 and statistics to carry out the purposes of this Act. 

18 Each department, bureau, agency, board, commis19 sion, office, independent establishment, or instru20 mentality shall, to the extent authorized by law, fur21 nish such information, suggestions, estimates, and 

22 statistics directly to the Commission, upon request 

23 made by the chairman, the chairman of any sub24 committee created by a majority of the Commission, 


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1 or any member designated by a majority of the 

2 Commission. 

3 (2) RECEIPT, HANDLING, STORAGE, AND DIS4 SEMINATION.—Information shall be received, han5 dled, stored, and disseminated only by members of 

6 the Commission and its staff consistent with all ap7 plicable laws, regulations, and executive orders. 

8 (e) ASSISTANCE FROM FEDERAL AGENCIES.— 

9 (1) GENERAL SERVICES ADMINISTRATION.— 

10 The Administrator of General Services shall provide 

11 to the Commission on a reimbursable basis adminis12 trative support and other services for the perform13 ance of the Commission’s functions. 

14 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

15 addition to the assistance prescribed in paragraph 

16 (1), departments and agencies of the United States 

17 may provide to the Commission such services, funds, 

18 facilities, staff, and other support services as they 

19 may determine advisable and as may be authorized 

20 by law. 

21 (f) GIFTS.—The Commission may accept, use, and 

22 dispose of gifts or donations of services or property. 

23 (g) POSTAL SERVICES.—The Commission may use 

24 the United States mails in the same manner and under 


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1 the same conditions as departments and agencies of the 

2 United States. 

3 SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COM4 MITTEE ACT. 

5 The Federal Advisory Committee Act (5 U.S.C. App.) 

6 shall not apply to the Commission. 

7 SEC. 8. PUBLIC MEETINGS AND HEARINGS; AVAILABILITY 

8 OF REPORTS. 

9 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC

10 VERSIONS OF REPORTS.—The Commission shall— 

11 (1) hold public hearings and meetings to the ex12 tent appropriate; and 

13 (2) release public versions of the report re14 quired under section 9. 

15 (b) PUBLIC HEARINGS.—Any public hearings of the 

16 Commission shall be conducted in a manner consistent 

17 with the protection of information provided to or developed 

18 for or by the Commission as required by any applicable 

19 law, regulation, or executive order. 

20 SEC. 9. REPORT. 

21 Not later than 180 days after the appointment of the 

22 Commission, the Commission shall submit to the Presi23 dent and Congress a final report containing such findings, 

24 conclusions, and recommendations as have been agreed to 

25 by a majority of Commission members. 


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1 SEC. 10. TERMINATION. 

2 (a) IN GENERAL.—The Commission, and the provi3 sions of this Act, shall terminate on the date that is 60 

4 days after the date on which the final report is submitted 

5 under section 9. 

6 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI7 NATION.—The Commission may use the 60-day period re8 ferred to in subsection (a) for the purpose of concluding 

9 its activities, including providing testimony to committees 

10 of Congress concerning its report and disseminating the 

11 final report. 

12 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—There are authorized to be appro14 priated such sums as may be necessary for the purposes 

15 of the activities of the Commission under this Act. 

16 (b) DURATION OF AVAILABILITY.—Amounts made 

17 available to the Commission under subsection (a) shall re18 main available until the termination of the Commission. 

Æ 


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