Sec. 305. Commission to examine the national security and defense risks to the United States posed by anomalous health incidents
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There is established, not later than 45 days after the date of the enactment of this Act, an independent commission to be known as the National Security Commission on Anomalous Health Incidents (referred to in this section as the Commission ) to review anomalous health incidents affecting United States Government personnel and their dependents for the purpose of comprehensively addressing the national security and defense risks to the United States posed by anomalous health incidents.
The Commission shall be composed of 9 members appointed as follows: The Director of National Intelligence shall appoint 1 member. The Chair of the Permanent Select Committee on Intelligence of the House of Representatives shall appoint 1 member. The Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives shall appoint 1 member. The Chair of the Committee on Armed Services of the House of Representatives shall appoint 1 member. The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
The Chair of the Select Committee on Intelligence of the Senate shall appoint 1 member. The Vice Chair of the Select Committee on Intelligence of the Senate shall appoint 1 member. The Chair of the Committee on Armed Services of the Senate shall appoint 1 member. The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member. Members shall be appointed to the Commission under paragraph
(1)not later than 30 days after the establishment of the Commission under subsection
(a). If one or more appointments under paragraph
(1)is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. It is the sense of Congress that each member of the Commission appointed under paragraph
(1)should— have significant professional experience in national security, such as a position in— the intelligence community; the Department of Defense; the scientific community; a medical institution; or an academic or scholarly institution; and be eligible to receive the appropriate security clearance to effectively evaluate their duties. A member of the Commission appointed under paragraph
(1)may not— be a current member of Congress; be a former member of Congress who served in Congress after January 1, 2017; be a current or former registrant under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); have previously received medical treatment for symptoms related to a suspected anomalous health incident, or have a dependent who previously received medical treatment for symptoms related to a suspected anomalous health incident; or have served, with direct involvement, in actions by or sponsored by the executive branch of the United States Government to investigate or respond to reports of anomalous health incidents. The Commission shall select a Chair and a Vice Chair from among the members of the Commission. Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. The Chair and Vice Chair shall report any vacancy in the Commission to the appropriate congressional committees immediately upon learning that there will be a vacancy in the Commission. Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. The Commission shall meet at the call of the Chair and Vice Chair. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold meetings. The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider both the events known as anomalous health incidents themselves, and the response to such incidents by the United States Government and other nations’ governments for the purpose of comprehensively addressing the national security and defense risks to the United States posed by the causes of, and responses to, anomalous health incidents. In conducting the review under paragraph (1), the Commission shall consider the following: A historical review of the United States Government’s response to anomalous health incidents to identify a more effective, standardized model that can be applied to complex challenges to ensure all perspectives are fully and fairly presented to policy makers, mitigate real or perceived undue influence on analytical judgments, and effectively gather and act on intelligence and information to address complex national security challenges. A historical review of the United States Government’s provision of support and medical care to United States personnel and their dependents impacted by anomalous health incidents. Whether a review of all information on collected reports of anomalous health incidents can inform the development of a categorization mechanism which can inform appropriate steps to be taken following future reports. Whether available data points to the involvement of an external actor in some or all reported anomalous health incidents. Whether known or novel mechanisms an adversary might use against United States personnel or their dependents might explain some or all reported anomalous health incidents. Whether comparable information, data, and reports on other intelligence questions led to similar analytic judgments. Any other matters the Commission deems relevant to the common defense of the Nation. Not later than 180 days after the date of the enactment of this Act, the Commission shall brief the President, or the President’s designee, and the appropriate congressional committees on the progress of the activities of the Commission as of the date of such briefing. Not later than 1 year after the date of the initial meeting of the Commission, and annually thereafter, the Commission shall submit to the President and the appropriate congressional committees a report describing the progress of the activities of the Commission as of the date of such report, including any findings, recommendations, or lessons learned endorsed by the Commission. On the date of the submission of each annual report required under this paragraph, the Commission shall brief the President, or the President’s designee, and the appropriate congressional committees. Not later than 3 years after the date of the establishment of the Commission under subsection (a), the Commission shall submit to the President and the appropriate congressional committees a final report on the findings of the Commission and such recommendations that the Commission may have for action by Congress and the Federal Government, which shall address the following: Whether known or novel mechanisms an adversary might use against United States personnel or their dependents might explain some or all reported anomalous health incidents. Whether available data points to the involvement of an external actor in some or all reported anomalous health incidents. Whether the United States Government’s provision of support and medical care is sufficient to appropriately address the impacts of anomalous health incidents on affected personnel. Effectively structuring United States Government responses to distinct, complex national security issues such as reports of anomalous health incidents. Research and development to improve the medical response and potential harm mitigation techniques for anomalous health incidents. How analytic integrity and structured analytical techniques impacted the United States Government’s response to anomalous health incidents. What the anomalous health incidents situation says about the counterintelligence posture of the United States Government. Future policy recommendations for anomalous health incidents or other health incidents with a potential counterintelligence nexus. Any member of the Commission may submit an addendum to the report required under subparagraph
(A)setting forth the separate views of such member with respect to any matter considered by the Commission. On the date of the submission of the final report required under this paragraph, the Commission shall brief the appropriate congressional committees. Reports submitted under this subsection shall be made publicly available but may include a classified annex. The Commission may, for the purpose of carrying out this section— hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers necessary to fulfill the Commission’s duties; and subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, cables, memoranda, papers, documents, and any other information as the Commission considers necessary to fulfill the Commission’s duties. A subpoena may be issued under this subsection only— by the agreement of the Chair and the Vice Chair; or by the affirmative vote of a majority of the Commission. Subject to clause (i)— subpoenas issued under this subsection may be issued under the signature of the Chair and Vice Chair of the Commission, or any member designated by a majority of the Commission; and subpoenas issued under this subsection may be served by any person designated by the Chair and Vice Chair of the Commission, or by a member designated by a majority of the Commission. In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). Claims of common-law privileges made by any witness are applicable only at the discretion of the Chair and Vice Chair. The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government such books, records, correspondence, cables, memoranda, papers, documents, and any other information for the purposes of this section. In carrying out its duties, the Commission shall receive the full and timely cooperation of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of the Commission’s duties. Upon receipt of a written request made by the Chair and Vice Chair of the Commission, or by vote of a majority of the Commission, the head of the department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government shall expeditiously furnish such books, records, correspondence, cables, memoranda, papers, documents, and any other information to the Commission. Claims of common-law privileges made by any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government are applicable only at the discretion of the Chair and Vice Chair. Such books, records, correspondence, cables, memoranda, papers, documents, and any other information received by the Commission shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. A department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government shall respond to requests submitted pursuant to paragraph
(2)in a manner consistent with the protection of intelligence sources and methods. The Director of National Intelligence shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the duties of the Commission under this section. The Secretary of Defense may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request. In addition to the assistance set forth in paragraphs
(1)and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this section. Any information related to the national security of the United States that is provided to the Commission by a congressional intelligence committee may not be further provided or released without the approval of the chairman of such committee. Notwithstanding any other provision of law, after the termination of the Commission under subsection
(m), only the members and designated staff of the appropriate congressional committees, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch of the Federal Government as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission. The Commission may use the United States mail in the same manner and under the same conditions as other departments and agencies of the Federal Government. No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff on the Commission. Each member of the Commission who is not otherwise employed by the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of the duties of the Commission. A member of the Commission who is an officer or employee of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Commission. A member 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. The Chair and Vice Chair of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. All staff of the Commission and all experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable provisions of law concerning the handling of classified information. A Federal Government employee, with the appropriate security clearance to conduct their duties, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Chair and Vice Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. There is authorized to be appropriated funds to the extent and in such amounts as specifically provided in advance in appropriations acts for the purposes detailed in this section. Subject to paragraph (1), the Director of National Intelligence shall make available to the Commission such amounts as the Commission may require for purposes of the activities of the Commission under this section. Amounts made available to the Commission under paragraph
(2)shall remain available until expended or upon termination under subsection (m), whichever occurs first. The Commission shall terminate 90 days after the date on which the Commission submits the final report required under subsection (d)(3), but in no event later than three years after the date of establishment in subsection (a). In this section, the term appropriate congressional committees means— the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives; and the Select Committee on Intelligence and the Committee on Armed Services of the Senate.
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Sec. 305
Commission to examine the national security and defense risks to the United States posed by anomalous health incidents
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