(i) the Committee on Armed Services, 
the Committee on Foreign Relations, or 
the Select Committee on Intelligence of the 
Senate; or 
(ii) the Committee on Armed Services, 
the Committee on International Relations, 
or the Permanent Select Committee on In-
telligence of the House of Representatives. 
(4) RECOMMENDATIONS.— 
(A) IN GENERAL.—The Board may make 
recommendations to the President regarding de-
cisions to classify all or portions of documents 
or other material for national security purposes 
or to declassify all or portions of documents or 
other material classified for such purposes. 
(B) IMPLEMENTATION.—Upon receiving a 
recommendation from the Board under sub-
paragraph (A), the President shall either— 
(i) accept and implement such rec-
ommendation; or 
(ii) not later than 60 days after re-
ceiving the recommendation if the Presi-
dent does not accept and implement such 
recommendation, transmit in writing to 
Congress and have posted on the Board’s
website a notification in unclassified form 
of the justification for the President’s deci-
sion not to implement such recommenda-
tion. 
(5) EXEMPTION FROM FREEDOM OF INFORMA-
TION
ACT.—The Board shall not be required to 
make documents or materials reviewed under this 
subsection available to the public under section 552 
of title 5, United States Code (commonly referred to 
as the Freedom of Information Act). 
(6) REGULATIONS.—The Board shall prescribe 
regulations to carry out this subsection. 
(7) EXECUTIVE AGENCY DEFINED.—In this sec-
tion, the term ‘‘Executive agency’’ has the meaning 
given that term in section 105 of title 5, United 
States Code. 
SEC. 5. POWERS OF BOARD. 
(a) HEARINGS.—The Board may hold such hearings, 
sit and act at such times and places, take such testimony, 
and receive such evidence as the Board considers advisable 
to carry out this Act. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The 
Board may secure directly from any Federal department 
or agency such information as the Board considers nec-
essary to carry out this Act. Upon request of the Chair-
man of the Board, the head of such department or agency 
shall furnish such information to the Board. 
(c) ADMINISTRATIVE SUPPORT SERVICES.—Upon re-
quest of the Board, the Administrator of General Services 
shall provide to the Board, on a reimbursable basis, the 
administrative support necessary for the Board to carry 
out its duties under this Act. 
(d) POSTAL SERVICES.—The Board may use the 
United States mails in the same manner and under the 
same conditions as other departments and agencies of the 
Federal Government. 
(e) GIFTS.—The Board may accept, use, and dispose 
of gifts or donations of services or property. 
SEC. 6. BOARD PERSONNEL MATTERS. 
(a) EXECUTIVE
SCHEDULE
LEVEL
IV.—Section 
5315 of title 5, United States Code, is amended by adding 
at the end the following: ‘‘Members, Independent National 
Security Classification Board.’’. 
(b) STAFF.— 
(1) IN GENERAL.—The Chairman of the Board 
may, without regard to the civil service laws and 
regulations, appoint and terminate an executive di-
rector and such other additional personnel as may be 
necessary to enable the Board to perform its duties
under this Act. The employment of an executive di-
rector shall be subject to confirmation by the Board. 
(2) COMPENSATION.—The Chairman of the 
Board may fix the compensation of the executive di-
rector and other personnel without regard to chapter 
51 and subchapter III of chapter 53 of title 5, 
United States Code, relating to classification of posi-
tions and General Schedule pay rates, except that 
the rate of pay for the executive director and other 
personnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 of 
such title. 
(c) DETAIL
OF GOVERNMENT EMPLOYEES.—Any 
employee of the Federal Government may be detailed to 
the Board without reimbursement, and such detail shall 
be without interruption or loss of civil service status or 
privilege. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Board 
$2,000,000 for fiscal year 2005, and such sums as may 
be necessary thereafter. 
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