II
110th CONGRESS
2d Session
S. 3578
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.
Establishment of Commission To Assess the Nuclear Activities of the Islamic Republic of Iran
Establishment
There is hereby established a commission to
be known as the Commission To Assess the Nuclear Activities of the
Islamic Republic of Iran
(in this Act referred to as the
Commission
).
Composition
The Commission shall be composed of 12 members appointed as follows:
3 members shall be appointed by the majority leader of the Senate.
3 members shall be appointed by the Speaker of the House of Representatives.
3 members shall be appointed by the minority leader of the Senate.
3 members shall be appointed by the minority leader of the House of Representatives.
Qualifications
Members of the Commission shall be appointed from among private United States citizens with knowledge and expertise in the political and military aspects of nuclear proliferation and the military and civilian nuclear activities of the Islamic Republic of Iran.
Chairmen
The Committee shall have two co-chairmen, of whom—
one shall be designated from among the members of the Commission by the Speaker of the House of Representatives, after consultation with the majority leader of the Senate; and
one shall be designated from among the members of the Commission by the minority leader of the House of Representatives, after consultation with the minority leader of the Senate.
Period of appointment; vacancies
Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.
Security clearances
All members of the Commission shall hold appropriate security clearances.
Initial organization requirements
Deadline for initial appointments
All appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act.
First meeting
The Commission shall convene its first meeting not later than 30 days after the date as of which all members of the Commission have been appointed, but not earlier than February 1, 2008.
Duties of commission
The Commission shall assess the following:
The status of the military nuclear activities and civilian nuclear activities of the Islamic Republic of Iran.
The relationship between the military nuclear activities and civilian nuclear activities of the Islamic Republic of Iran.
The intentions behind the military nuclear activities and civilian nuclear activities of the Islamic Republic of Iran.
Report
Not later than six months after its first meeting, the Commission shall submit to Congress a report on its findings and conclusions as a result of the assessment under section 2.
Powers
Hearings
The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable.
Support of other agencies
In general
The Commission may secure directly from the Department of Defense, the Office of the Director of National Intelligence, the Central Intelligence Agency, and any other department or agency of the United States Government information that the Commission considers necessary to enable the Commission to carry out its duties under this Act.
Cooperation of government officials
The Commission should receive the full and timely cooperation of the Secretary of Defense, the Director of National Intelligence, and other appropriate officials of the United States Government who should, in providing such cooperation, provide the Commission with analyses, briefings, and other information necessary for the fulfillment of the duties of the Commission.
Commission procedures
Meetings
The Commission shall meet at the call of the chairman of the Commission.
Quorum
In general
Five members of the Commission shall constitute a quorum other than for the purpose of holding hearings.
Action by resolution of majority
The Commission shall act by resolution agreed to by a majority of the members of the Commission.
Commission
The Commission may establish panels composed of less than full membership of the Commission for the purpose of carrying out the duties of the Commission under this Act. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.
Authority of individuals To act for commission
Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this Act.
Personnel matters
Pay of members
Members of the Commission shall serve without pay by reason of their work on the Commission.
Travel expenses
The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
Staff
In general
The co-chairmen of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, jointly appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties under this Act. The appointment of a staff director shall be subject to the approval of the Commission.
Compensation
The co-chairmen of the Commission may jointly fix the pay of the staff director and other personnel of the Commission without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS–15 of the General Schedule.
Detail of government employees
Upon the joint request of the co-chairmen of the Commission, the head of any department or agency of the United States Government may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties.
Procurement of temporary and intermittent services
The co-chairmen of the Commission may jointly procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title.
Miscellaneous administrative provisions
Postal and printing services
The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States Government.
Miscellaneous administrative and support services
The Director of Central Intelligence shall furnish the Commission, on a reimbursable basis, any administrative and support services requested by the Commission.
Funding
In general
Funds for activities of the Commission under this Act shall be provided from amounts available for the Office of the Director of National Intelligence for fiscal year 2008.
Disbursement
Upon receipt of a joint written certification from the co-chairmen of the Commission specifying the funds required for the activities of the Commission, the Director of National Intelligence shall promptly disburse to the Commission, from amounts referred to in subsection (a), the funds required by the Commission as stated in such certification.
Termination of the commission
The Commission shall terminate 60 days after the date of the submittal of its report under section 3.