Sec. 212. FISA Reform Commission
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There is established a commission to consider ongoing reforms to the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). The commission established under paragraph
(1)shall be known as the FISA Reform Commission (in this section the Commission ). Subject to subparagraph (B), the Commission shall be composed of the following members: The Principal Deputy Director of National Intelligence. The Deputy Attorney General. The Deputy Secretary of Defense. The Deputy Secretary of State. The Chair of the Privacy and Civil Liberties Oversight Board. Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Committee on the Judiciary of the Senate, 1 of whom shall be a member of the Senate and 2 of whom shall not be. Three members appointed by the minority leader of the Senate, in consultation with the Vice Chairman of the Select Committee on Intelligence of the Senate and the Ranking Member of the Committee on the Judiciary of the Senate, 1 of whom shall be a member of the Senate and 2 of whom shall not be. Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives and the Chairman of the Committee on the Judiciary of the House of Representatives, 1 of whom shall be a member of the House of Representatives and 2 of whom shall not be. Three members appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives and the Ranking Member of the Committee on the Judiciary of the House of Representatives, 1 of whom shall be a member of the House of Representatives and 2 of whom shall not be. The members of the Commission who are not Members of Congress and who are appointed under clauses
(iv)through
(vii)of subparagraph
(A)shall be individuals who are nationally recognized for expertise, knowledge, or experience in— use of intelligence information by the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), national policymakers and military leaders; the implementation, funding, or oversight of the national security laws of the United States; privacy, civil liberties, and transparency; or laws and policies governing methods of electronic surveillance. An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission. All members of the Commission described in clause
(i)shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information. The Commission shall have 2 co-chairs, selected from among the members of the Commission. The individuals who serve as the co-chairs of the Commission shall be agreed upon by the members of the Commission. Members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. The Commission shall hold its initial meeting on or before the date that is 180 days after the date of the enactment of this Act. After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission. Nine members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. If vacancies in the Commission occur on any day after 90 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day. The duties of the Commission are as follows: To review the effectiveness of the current implementation of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). To develop recommendations for legislative action to reform the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) that provide for the effective conduct of United States intelligence activities and the protection of privacy and civil liberties. The Commission or, on the authorization of the Commission, any subcommittee or member thereof, 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; and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary. A subpoena issued under subparagraph (A)(ii) shall— bear the signature of the co-chairs of the Commission; and be served by a person or class of persons designated by the co-chairs for that purpose. The provisions of sections 102 through 104 of the Revised Statutes of the United States ( 2 U.S.C. 192–194 ) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this paragraph. The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Federal Government information, suggestions, estimates, and statistics for the purposes of this section. Each such department, agency, bureau, board, commission, office, establishment, or instrumentality described in subparagraph
(A)shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission. The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable provisions of law. 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 Attorney General 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 subparagraphs
(A)and (B), 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 Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the Federal Governments. No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission. The co-chairs 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. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. 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. Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title. Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission. While away from their homes or regular places of business in the performance of services for the Commission, a member of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. 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 title. 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 (j)(2), only the members and designated staff of the congressional intelligence 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. In this paragraph: The term appropriate committees of Congress means— the congressional intelligence committees; the Committee on the Judiciary of the Senate; and the Committee on the Judiciary of the House of Representatives. The term congressional leadership means— the majority leader of the Senate; the minority leader of the Senate; the Speaker of the House of Representatives; and the minority leader of the House of Representatives. Not later than 7 years from the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, congressional leadership, the Director of National Intelligence, and the Attorney General a final report on the findings of the Commission. The final report submitted pursuant to subparagraph
(B)shall be in unclassified form but may include a classified annex. Not later than 1 year after receipt of the final report under subparagraph (B), the Director of National Intelligence and the Attorney General shall each submit to the appropriate committees of Congress and congressional leadership an assessment of such report. The Commission, and all the authorities of this section, shall terminate on the date that is 2 years after the date on which the final report is submitted under paragraph (1)(B). The Commission may use the 120-day period referred to in subparagraph
(A)for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report. The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section. The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ), shall not apply to the activities, records, and proceedings of the Commission under this section. There is authorized to be appropriated to carry out this section $3,000,000. 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 (i)(2), whichever occurs first. In this section, the term congressional intelligence committees means— the Select Committee on Intelligence of the Senate; and the Permanent Select Committee on Intelligence of the House of Representatives.
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U.S. Code
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- 2 USC 192–194
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