H.R. 4036 REPLY

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90M00005R000200070022-4
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RIPPUB
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C
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18
Document Creation Date: 
December 27, 2016
Document Release Date: 
August 21, 2012
Sequence Number: 
22
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Publication Date: 
March 23, 1988
Content Type: 
MEMO
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Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 25X1 25X1 25X1 25X1 25X1 25X1 25X1 MEMORANDUM FOR: FROM: SUBJECT: oc- 01 t4-0-?? 2 3 MAR 1988 Office of Congressional Affairs Director of Communications H.R. 4036 Reply A member of my staff reviewed the copy of H.R. 4036, International Security and Satellite Monitoring Act of 1988, that you sent to me. As he indicated in a phone conversation with you on 21 March, it appears that the enactment of this Bill will not have an adverse impact on the operations of the Office of Communications. CONF I NTIAL Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 125X1 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 CONFI I TIAL 25X1 25X1 25X1 MEMORANDUM FOR: 22 March 1988 OCA88-0865 Executive Secretary/COMIREX and Policy Office/ICS Planning DO 25X1 Legislation Division FROM: Office of Congressional Affairs SUBJECT: International Security and Satellite Monitoring 25X1 Act of 1988, H.R. 4036 1. Attached for your review and comment is a copy of the above-captioned bill. It establishes a Commission on Inter- national Security and Satellite Monitoring to study various matters pertaining to military, environmental and economic concerns as related to national security. Although there would be 15 voting members on the Commission, a representative from the 25X1 Agency would serve as one of 15 advisory members. 2. The primary concern to the Agency is the Commission's acquisition of information. To this end it would be empowered to hold hearings as well as secure any information directly from the Agency, notwithstanding any other provision of law. There is no exemption for classified information; rather, the bill requires expedited security investigations so that Commission members could receive that information. The Commission would also be required to transmit a comprehensive report to the President and to the Congress which contains detailed findings, conclusions and 25X1 recommendations. 25X1 C 0 N F ID NTIAL Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 25X1 25X1 25X1 CONFIDENTIAL 3. The House Permanent Select Committee on Intelligence has recently requested joint referral of the bill, which was previously referred to the committees on Science, Space and Technology and on Foreign Affairs. While there are as yet no hearings scheduled, there is some indication that there may be movement on the bill in the near future. Accordingly, I ask that you refer any comments you have to me at your earliest co venience. Should you have any questions, you may telephone me on Attachment OCA/LEG sr (21 March 1988) Distribution: Original - Addressees 25X1 1 - /Liaison 1 - OCA Registry 1 - OCA/Leg/Subject File: Space Policy 1 - RH Signer 1 - OCA Read CONFIDENTIAL - Declassified in Part- Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 100TH CONGRESS H. R. 4036 2D SESSION To establish the Commission on International Security and Satellite Monitoring. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 29, 1988 Mr. MRAZEK introduced the following bill; which was referred jointly to the Committees on Science, Space, and Technology and Foreign Affairs A BILL To establish the Commission on International Security and Satellite Monitoring. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "International Security 5 and Satellite Monitoring Act of 1988". 6 SEC. 2. FINDINGS. 7 The Congress finds that- 8 (1) the linkage of military, environmental, and 9 economic concerns has redefined traditional concepts of 10 national security, Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 STAT Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 STAT STAT STAT STAT STAT OCA 88-0803 16 March 1988 MEMORANDUM FOR: Executive Assistant/DSET Executive Assistant/DI Chief, Intelligence Community Affair/OCC FROM: SUBJECT: Office Legislation Division ot congressional Affairs International Security and Satellite Monitoring Act of 198E,, H.R. 403E, 1. Attached for your review and comment is a copy of the above-captioned bill. It establishes a Commission on Inter- national Security and Satellite Monitoring to study various matters pertaining to military, environnental and economic concerns as related tc national security. Although there would be 15 voting members on the Commission, a representative from the Agency would serve as one of 15 advisory members. 2. The primary concern to the Agency is the Commission's acquisition of information. To this end it would be empowered to hold hearings as well PS secure any information directly from any agency, notwithstanding any other provision of law. There is no exemption for classified information; rather, the bill requires expedited security investigations so that Commission members could receive that information. The Commission would also be required to transmit a comprehensive report to the President and to the Congress which contains detailed findings, conclusions and recommendations. 3. The House Permanent Select Committee on Intelligence has recently requested joint referral of the bill, which was previ- ously referred to the committees on Science, Space and Technology and on Foreign Affairs. While there are as vet no hearings scheduled, there is some indication that there ray be movement en the bill in the near future. Accordingly, I ask that you refer any comments you have to me at your earliest convenience. Should you have any questions, ycu may telephone re cn Attachment Distribution: Original(s) - Addressee(s) 1 - 1 - OCA/Leg/Subject File: Space Policy RMH/Signer 1 - OCA/Registry 1 - OCARead OCA/Le ap (16 March 1988) Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 l(Hrrii CONGRESS H R 4036 2D SESsION ? ? T tah thc Connnision On International Security and Satellite Monitoring. IN THE HOUSE OF REPRESENTATIVES FEBRUARY ')9, 19`," Mr. MRAZEK introduced the following hill: which was referred jointly to the Committees on Science. Space. and Technology and Foreign Affairs A BILL To establish the Commission on International Security and Satellite Monitoring. 1 Be it enacted by the Senate and House of Representa- .) hues of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "International Security 5 and Satellite Monitoring Act of 1988". 6 SEC. 2. FINDINGS. The Congress finds that- 8 (1) the linkage of military, environmental, and 9 economic concerns has redefined traditional concepts of 10 national security, Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 2 1 (2) in a world where important developments in- 2 creasingly transcend national borders, with a growing 3 number of nations striving to influence international af- 4 fairs, there is a need for continuing leadership on the 5 part of the United States to enhance international se- 6 curity and stability, 7 (3) the "open skies" concept, first proposed by 8 President Dwight D. Eisenhower in 1955, can help 9 nations manage the emergence of man-made and natu- 10 ral phenomena that affect the security of all nations, 11 (4) the development of civilian remote-sensing 12 technologies by nations other than the United States 13 and the Soviet Union suggests that mutually beneficial 14 international satellite monitoring arrangements will 15 soon be possible, 16 (5) it is necessary to assess existing and proposed 17 satellite monitoring capabilities in order to identify 18 areas in which mutually advantageous international 19 satellite monitoring arrangements can be developed, 20 (6) the last quarter of the twentieth century is a 21 time in which new policy formulations regarding the 22 international gathering and dissemination of informa- 23 tion will revolutionize the world, and ?IIR 4036 11-1 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R00020007 3 1 (7) the United States, whose system of govern- 2 ment is based on openness, should be the lead nation in 3 articulating and advocating such policy formulations. 4 SEC. 3. ESTABLISHMENT. 5 There is established the Commission on International 6 Security and Satellite Monitoring (hereafter in this Act re- 7 ferred to as the "Commission"). 8 SEC. 4. DUTIES OF THE COMMISSION. 9 (a) AREAS OF STUDY AND ANALYSIS.?The Commis- 10 sion shall- 11 (1) study areas in which remote-sensing satellites 12 might be cooperatively employed, including the fol- 13 lowing: 14 (A) The study, monitoring, inventorying, and 15 protection of the Earth's resources. 16 (B) The study of the Earth as an integrated 17 ecosystem and the monitoring of other environ- 18 mental phenomena. 19 (C) Coordination and expansion of the World 20 Meteorological Organization. 21 (D) Formation of an international remote- 22 sensing consortium. 23 (E) Disaster management, including pre-dis- 24 aster preparedness, disaster mitigation, and post- 25 disaster relief. ?IIR 4036 Ili Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 4 1 (F) Facilitation of on-going efforts to control 2 international terrorism and drug trafficking activi- 3 ties. 4 (G) Facilitation of on-going efforts to verify 5 compliance with arms reduction treaties, including 6 treaties that stop or limit nuclear testing, treaties concerning the use, production, and stockpiling of 8 chemical and biological weapons, treaties that Mi- 9 tiate conventional force reductions, and treaties 10 that govern nuclear nonproliferation. 11 (H) Facilitation of on-going efforts to en- 12 hance crisis control and conflict reduction. 13 a) Formation of an "open skies" agency. 14 (2) identify the steps that must be taken to accus- 15 tom all nations and the general public to the dissemi- 16 nation of information gathered by remote-sensing satel- 17 lites; and 18 (3) analyze the potential for the United States to 19 solicit support for common security systems based on 20 satellite monitoring arrangements. 21 The Commission shall not make any determinations, findings, 22 or recommendations as to whether restrictions or conditions 23 should be placed on applicants or licensees pursuant to the 24 Land Remote-Sensing Commercialization Act of 1984 (15 25 U.S.C. 4201). ?HR 4036 HI Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 5 1 (b) FACTORS AND CONSIDERATIONS.?In conducting 2 its study and analysis under subsection (a), the Commission 3 shall consider- 4 (1) the impact of satellite monitoring arrange- 5 ments on the security of the United States and partici- 6 pating nations, 7 (2) the degree to which such arrangements could 8 impact upon United States intelligence gathering oper- 9 ations, 10 (3) how such arrangements could complement es- 11 tablished programs within the United Nations, 12 (4) the technical advances needed for enhanced 13 resolution of satellite imagery and for improved data 14 processing capabilities in existing and proposed corn- 15 mercial remote-sensing satellite programs, 16 (5) the steps that must be taken to ensure infor- 17 mation compatibility between the remote-sensing sys- 18 tems of participating nations, 19 (6) ways in which military and civilian remote- 20 sensing systems could be jointly employed, 21 (7) how the proposed remote-sensing platforms of 22 the United States would complement any international 23 satellite monitoring arrangement, ? Mt 406Ill Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 0, Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 6 1 (8) the cost, time, and administrative requirements 2 for implementation of international satellite monitoring 3 arrangements, 4 (9) the potential markets that would benefit from 5 the use of satellite imagery of five meters or less, and 6 (10) the impact of commercial remote-sensing or- 7 ganizations on the development of value-added markets 8 and on the economic viability of private sector entities. 9 (c) DEFINITIONS.?As used in this Act- 10 (1) the term "open skies" means the nondiscrim- 11 inatory collection and dissemination of information 12 gathered by the remote-sensing satellites of different 13 nations regarding environmental concerns, earth re- 14 sources, meteorology, economic development, and mili- 15 tary security matters; 16 (2) the term "common security system" means a 17 system that addresses the linkage between military, en- 18 vironmental, and economic concerns; and 19 (3) the term "satellite monitoring arrangement" 20 means an arrangement under which civilian remote- 21 sensing satellites are cooperatively employed. 22 SEC. 5. VOTING MEMBERSHIP. 23 (a) NUMBER AND APPOINTMENT.?The Commission 24 shall have 15 voting members appointed, from among per- 25 sons who are not officers or employees of the Federal Gov- ?l111 4w,-36 111 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 7 1 ernment, within 60 days of the date of the enactment of this 2 Act as follows: 3 (1) Five members shall be appointed by the Presi- 4 dent. 5 (2) Five members shall be appointed by the 6 Speaker of the House of Representatives, in consulta- 7 tion with the minority leader of the House of Repre- 8 sentatives. 9 (3) Five members shall be appointed by the Presi- 10 dent pro tempore of the Senate, in consultation with 11 the minority leader of the Senate. 12 A vacancy on the Commission shall be filled in the same 13 manner in which the original appointment was made. 14 (b) QUALIFICATIONS.?The members appointed under 15 subsection (a) shall be selected from among individuals who 16 are specifically qualified to serve on the Commission by 17 virtue of their education, training, or experience. 18 (e) CHAIRPERSON AND VICE CHAIRPERSON.?The 19 President shall designate one of the members appointed 20 under subsection (a) to serve as Chairperson of the Commis- 21 sion and another to serve as Vice Chairperson of the Com- 22 mission. The Vice Chairperson shall perform the duties of the 23 Chairperson in the Chairperson's absence. 24 (d) COMPENSATION.?Members appointed under sub- 25 section (a) may be paid at a rate not to exceed the daily 4():0;hf Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 8 1 equivalent of the annual rate of basic pay in effect under 2 section 5332 of title 5, United States Code, for grade GS-18 3 of the General Schedule for each day, including travel time, 4 during which such members are engaged in the performance 5 of duties for the Commission. 6 (e) TRAVEL EXPENSES.?Members appointed under 7 subsection (a) may be allowed travel expenses, including per 8 diem in lieu of subsistence, as authorized by law for persons 9 serving intermittently in Government service under section 10 5703 of title 5, United States Code, while away from their 11 home or regular place of business in performance of duties for 12 the Commission. 13 (0 MISCELLANEOUS.?Individuals who are not officers 14 or employees of the United States and who are members of 15 the Commission shall not be considered officers or employees 16 of the United States by reason of receiving payments under 17 subsections (d) or (e). 18 SEC. 6. ADVISORY MEMBERSHIP. 19 (a) NUMBER AND APPOINTMENT.?The Commission 20 shall have 15 advisory members appointed within 60 days of 21 the date of the enactment of this Act as follows: 22 (1) One advisory member shall be appointed by 23 the President from each of the following Federal de- 24 partments and agencies: 25 (A) Arms Control and Eisarmament Agency. ?1iR 4036 Ill Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 9 1 (B) The Central Intelligence Agency. 2 (C) Department of State. 3 (D) Department of Defense. 4 (E) National Oceanic and Atmospheric Ad- 5 ministration. 6 (F) Department of Agriculture. 7 (G) Department of the Interior. 8 (11) Environmental Protection Agency. 9 (I) National Aeronautics and Space Adminis- 10 tration. 11 (J) National Science Foundation. 12 (K) Office of Science and Technology Policy. 13 (L) The Army Corps of Engineers. 14 (M) The Agency for International Develop- 15 ment. 16 (2) Two advisory members shall be appointed by 17 the Speaker of the House of Representatives from 18 19 20 21 22 23 24 25 among Members of the House of Representatives. (3) Two advisory members shall be appointed by the President pro tempore of the Senate from among Members of the Senate. Advisory members of the Commission shall not vote in the decisions of the Commission and shall not participate, except in an advisory capacity, in the formulation of the findings and recommendations of the Commission. ?IIR 4036 III Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 10 1 (b) TRAVEL EXPENSES.?Members of the Commission 2 appointed under section 6(a) shall not be entitled to receive 3 compensation for their work on the Commission, but shall be 4 entitled to reimbursement for travel expenses in the same 5 manner and subject to the same conditions as voting mem- 6 hers under section 5(e). 7 SEC. 7. MEETINGS. 8 (a) IN GENERAL.?The Commission shall meet at the 9 call of the Chairperson or a majority of its voting members. 10 (b) QuoRum.?Eight voting members of the Commis- 11 sion shall constitute a quorum but a lesser number may hold 12 hearings. 13 (c) VOTING.?Decisions of the Commission shall be 14 made according to the vote of a majority of the voting mem- 15 bers present at a meeting at which a quorum is present. 16 SEC. 8. EXECUTIVE DIRECTOR AND STAFF; EXPERTS AND 17 CONSULTANTS. 18 (a) EXECUTIVE DIRECTOR.?The Chairperson shall, 19 without regard to section 5311(b) of title 5, United States 20 Code, appoint a person to serve as Executive Director of the 21 Commission. The Executive Director shall be paid at a rate 22 not to exceed the daily equivalent of the annual rate of basic 23 pay in effect under section 5332 of title 5, United States 24 Code, for grade GS-18 of the General Schedule. ?IIR 4036 III Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 11 1 (b) STAFF.?Subject to the rules prescribed by the 2 Commission and without regard to section 5311(b) of title 5, 3 United States Code, the Executive Director may appoint and 4 fix the pay of such additional personnel as the Executive Di- 5 rector considers appropriate. 6 (C) STAFF OF FEDERAL AGENCIES.?Upon request of 7 the Commission, the head of any department or agency of the 8 United States is authorized to detail, on a reimbursable basis, 9 any of the personnel of such agency to the Commission to 10 assist the Commission in carrying out its duties under this 11 Act. 12 13 14 15 16 17 18 19 20 21 22 23 (d) EXPERTS AND CONSULTANTS.?With the approval of the Commission, the Executive Director may procure tem- porary and intermittent services under section 3109(b) of title 5 of the United States Code. SEC. 9. POWERS OF THE COMMISSION. (a) HEARINGS AND SESSIONS.?The Commission may, for the purpose of carrying out section 4, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) OBTAINING OFFICIAL DATA.?(1) Notwithstanding any other provision of law, the Commission may secure di- 24 rectly from any Federal department or agency of the United ?IIR 4o31; III Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 12 1 States information necessary to enable it to carry out 2 section 4. 3 (2) Upon request of the Chairperson of the Commission, 4 the head of a department or agency shall furnish such infor- 5 mation to the Commission. 6 (3) In the event that such information includes national 7 security information that has been classified according to cri- 8 teria contained in an Executive order, upon request of the 9 Chairperson of the Commission, the head of a department or 10 agency shall expedite the security investigations of members 11 of the Commission in order that such members may gain 12 access to the classified information. 13 (c) MAILS.?The Commission may use the United 14 States mails in the same manner and under the same condi- 15 tions as other departments and agencies of the United States. 16 (d) ADMINISTRATIVE SUPPORT SERVICES.?The Ad- 17 ministrator of General Services shall provide the Commission 18 on a reimbursable basis such administrative support services 19 as the Commission may request. 20 SEC. 10. REPORTS. 21 (a) COMPREHENSIVE REPORT.?The Commission shall 22 transmit to the President and to each House of Congress not 23 later than 18 months after the date of the enactment of this 24 Act a comprehensive report containing a detailed statement 4036 III Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4 13 1 of the findings and conclusions of the Commission and such 2 recommendations as it considers appropriate. 3 (b) PRELIMINARY REPORTS.?Nothing in this section 4 shall be construed to prohibit the Commission from transmit- 5 ting preliminary reports to the President and to Congress. 6 (c) TRANSMITTALS TO CONGRESS.?When transmit- 7 ting reports to Congress under subsections (a) and (b), the 8 Commission shall transmit a copy of such reports to the 9 Speaker of the House of Representatives and the Majority 10 Leader of the Senate. 11 SEC. 11. TERMINATION. 12 The Commission shall terminate on the date 2 years 13 after the date of the enactment of this Act. 14 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 15 There are authorized to be appropriated to carry out 16 this Act $3,000,000 for fiscal year 1989 and such additional 17 sums as may be necessary. 0 ?HR 4036 IH Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070022-4