II 

110TH CONGRESS 

2D SESSION S. 3578 

To establish a commission to assess the nuclear activities of the Islamic 

Republic of Iran. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 

Mr. ENSIGN introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To establish a commission to assess the nuclear activities 

of the Islamic Republic of Iran. 

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 TO ASSESS 

4 THE NUCLEAR ACTIVITIES OF THE ISLAMIC 

5 REPUBLIC OF IRAN. 

6 (a) ESTABLISHMENT.—There is hereby established a 

7 commission to be known as the ‘‘Commission To Assess 

8 the Nuclear Activities of the Islamic Republic of Iran’’ (in 

9 this Act referred to as the ‘‘Commission’’). 


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1 (b) COMPOSITION.—The Commission shall be com2 posed of 12 members appointed as follows: 

3 (1) 3 members shall be appointed by the major4 ity leader of the Senate. 

5 (2) 3 members shall be appointed by the Speak6 er of the House of Representatives. 

7 (3) 3 members shall be appointed by the minor8 ity leader of the Senate. 

9 (4) 3 members shall be appointed by the minor10 ity leader of the House of Representatives. 

11 (c) QUALIFICATIONS.—Members of the Commission 

12 shall be appointed from among private United States citi13 zens with knowledge and expertise in the political and mili14 tary aspects of nuclear proliferation and the military and 

15 civilian nuclear activities of the Islamic Republic of Iran. 

16 (d) CHAIRMEN.—The Committee shall have two co17 chairmen, of whom— 

18 (1) one shall be designated from among the 

19 members of the Commission by the Speaker of the 

20 House of Representatives, after consultation with 

21 the majority leader of the Senate; and 

22 (2) one shall be designated from among the 

23 members of the Commission by the minority leader 

24 of the House of Representatives, after consultation 

25 with the minority leader of the Senate. 


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1 (e) PERIOD OF APPOINTMENT; VACANCIES.—Mem2 bers shall be appointed for the life of the Commission. Any 

3 vacancy in the Commission shall be filled in the same man4 ner as the original appointment. 

5 (f) SECURITY CLEARANCES.—All members of the 

6 Commission shall hold appropriate security clearances. 

7 (g) INITIAL ORGANIZATION REQUIREMENTS.— 

8 (1) DEADLINE FOR INITIAL APPOINTMENTS.— 

9 All appointments to the Commission shall be made 

10 not later than 45 days after the date of the enact11 ment of this Act. 

12 (2) FIRST MEETING.—The Commission shall 

13 convene its first meeting not later than 30 days 

14 after the date as of which all members of the Com15 mission have been appointed, but not earlier than 

16 February 1, 2008. 

17 SEC. 2. DUTIES OF COMMISSION. 

18 The Commission shall assess the following: 

19 (1) The status of the military nuclear activities 

20 and civilian nuclear activities of the Islamic Republic 

21 of Iran. 

22 (2) The relationship between the military nu23 clear activities and civilian nuclear activities of the 

24 Islamic Republic of Iran. 


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1 (3) The intentions behind the military nuclear 

2 activities and civilian nuclear activities of the Islamic 

3 Republic of Iran. 

4 SEC. 3. REPORT. 

5 Not later than six months after its first meeting, the 

6 Commission shall submit to Congress a report on its find7 ings and conclusions as a result of the assessment under 

8 section 2. 

9 SEC. 4. POWERS. 

10 (a) HEARINGS.—The Commission or, at its direction, 

11 any panel or member of the Commission, may, for the pur12 pose of carrying out the provisions of this Act, hold hear13 ings, sit and act at times and places, take testimony, re14 ceive evidence, and administer oaths to the extent that the 

15 Commission or any panel or member considers advisable. 

16 (b) SUPPORT OF OTHER AGENCIES.— 

17 (1) IN GENERAL.—The Commission may secure 

18 directly from the Department of Defense, the Office 

19 of the Director of National Intelligence, the Central 

20 Intelligence Agency, and any other department or 

21 agency of the United States Government information 

22 that the Commission considers necessary to enable 

23 the Commission to carry out its duties under this 

24 Act. 


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1 (2) COOPERATION OF GOVERNMENT OFFI2 CIALS.—The Commission should receive the full and 

3 timely cooperation of the Secretary of Defense, the 

4 Director of National Intelligence, and other appro5 priate officials of the United States Government who 

6 should, in providing such cooperation, provide the 

7 Commission with analyses, briefings, and other in8 formation necessary for the fulfillment of the duties 

9 of the Commission. 

10 SEC. 5. COMMISSION PROCEDURES. 

11 (a) MEETINGS.—The Commission shall meet at the 

12 call of the chairman of the Commission. 

13 (b) QUORUM.— 

14 (1) IN GENERAL.—Five members of the Com15 mission shall constitute a quorum other than for the 

16 purpose of holding hearings. 

17 (2) ACTION BY RESOLUTION OF MAJORITY.— 

18 The Commission shall act by resolution agreed to by 

19 a majority of the members of the Commission. 

20 (c) COMMISSION.—The Commission may establish 

21 panels composed of less than full membership of the Com22 mission for the purpose of carrying out the duties of the 

23 Commission under this Act. The actions of any such panel 

24 shall be subject to the review and control of the Commis25 sion. Any findings and determinations made by such a 


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1 panel shall not be considered the findings and determina2 tions of the Commission unless approved by the Commis3 sion. 

4 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM5 MISSION.—Any member or agent of the Commission may, 

6 if authorized by the Commission, take any action which 

7 the Commission is authorized to take under this Act. 

8 SEC. 6. PERSONNEL MATTERS. 

9 (a) PAY OF MEMBERS.—Members of the Commission 

10 shall serve without pay by reason of their work on the 

11 Commission. 

12 (b) TRAVEL EXPENSES.—The members of the Com13 mission shall be allowed travel expenses, including per 

14 diem in lieu of subsistence, at rates authorized for employ15 ees of agencies under subchapter I of chapter 57 of title 

16 5, United States Code, while away from their homes or 

17 regular places of business in the performance of services 

18 for the Commission. 

19 (c) STAFF.— 

20 (1) IN GENERAL.—The co-chairmen of the 

21 Commission may, without regard to the provisions of 

22 title 5, United States Code, governing appointments 

23 in the competitive service, jointly appoint a staff di24 rector and such additional personnel as may be nec25 essary to enable the Commission to perform its duVerDate Aug 31 2005 07:14 Sep 30, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.IS S3578

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1 ties under this Act. The appointment of a staff di2 rector shall be subject to the approval of the Com3 mission. 

4 (2) COMPENSATION.—The co-chairmen of the 

5 Commission may jointly fix the pay of the staff di6 rector and other personnel of the Commission with7 out regard to the provisions of chapter 51 and sub8 chapter III of chapter 53 of title 5, United States 

9 Code, relating to classification of positions and Gen10 eral Schedule pay rates, except that the rate of pay 

11 fixed under this paragraph for the staff director may 

12 not exceed the rate payable for level V of the Execu13 tive Schedule under section 5316 of such title and 

14 the rate of pay for other personnel may not exceed 

15 the maximum rate payable for grade GS–15 of the 

16 General Schedule. 

17 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

18 the joint request of the co-chairmen of the Commission, 

19 the head of any department or agency of the United States 

20 Government may detail, on a nonreimbursable basis, any 

21 personnel of that department or agency to the Commission 

22 to assist it in carrying out its duties. 

23 (e) PROCUREMENT OF TEMPORARY AND INTERMIT24 TENT SERVICES.—The co-chairmen of the Commission 

25 may jointly procure temporary and intermittent services 


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1 under section 3109(b) of title 5, United States Code, at 

2 rates for individuals which do not exceed the daily equiva3 lent of the annual rate of basic pay payable for level V 

4 of the Executive Schedule under section 5316 of such title. 

5 SEC. 7. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. 

6 (a) POSTAL AND PRINTING SERVICES.—The Com7 mission may use the United States mails and obtain print8 ing and binding services in the same manner and under 

9 the same conditions as other departments and agencies of 

10 the United States Government. 

11 (b) MISCELLANEOUS ADMINISTRATIVE AND SUP12 PORT SERVICES.—The Director of Central Intelligence 

13 shall furnish the Commission, on a reimbursable basis, 

14 any administrative and support services requested by the 

15 Commission. 

16 SEC. 8. FUNDING. 

17 (a) IN GENERAL.—Funds for activities of the Com18 mission under this Act shall be provided from amounts 

19 available for the Office of the Director of National Intel20 ligence for fiscal year 2008. 

21 (b) DISBURSEMENT.—Upon receipt of a joint written 

22 certification from the co-chairmen of the Commission 

23 specifying the funds required for the activities of the Com24 mission, the Director of National Intelligence shall 

25 promptly disburse to the Commission, from amounts reVerDate Aug 31 2005 07:14 Sep 30, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.IS S3578

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1 ferred to in subsection (a), the funds required by the Com2 mission as stated in such certification. 

3 SEC. 9. TERMINATION OF THE COMMISSION. 

4 The Commission shall terminate 60 days after the 

5 date of the submittal of its report under section 3. 

Æ 


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