[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 575 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 575

 To establish the National Commission on the Environment and National 
                               Security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 1993

Mr. Gilman introduced the following bill; which was referred jointly to 
the Committees on Foreign Affairs, Armed Services, and Merchant Marine 
                             and Fisheries

_______________________________________________________________________

                                 A BILL


 
 To establish the National Commission on the Environment and National 
                               Security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission on the 
Environment and National Security Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) new threats to the global environment, including to the 
        earth's climate system, the ozone layer, biological diversity, 
        soils, oceans, and freshwater resources, have arisen in recent 
        years;
            (2) such threats to the global environment may adversely 
        affect the health, livelihoods, and physical well-being of 
        Americans, the stability of many societies, and international 
        peace;
            (3) in recent years, the definition of national security of 
        the United States has been broadened, both in official White 
        House documents and in legislation, to include economic 
        security as well as environmental security;
            (4) with the end of the Cold War, the dramatic reduction of 
        the military threat to United States interests, and the new 
        recognition in world politics of the urgency of reversing 
        global environmental degradation recognized at the Earth Summit 
        in Rio in June 1992, the global environment has taken on even 
        greater importance to the United States;
            (5) the extent and significance of such threats to United 
        States security has not been fully evaluated by the Congress or 
        the executive branch, and responses to global environmental 
        threats have not yet been fully integrated into United States 
        national security policy; and
            (6) the United States Government currently lacks a focal 
        point for assessing the importance of such new environmental 
        threat to the national security of the United States and their 
        implications for United States global security policy.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the National 
Commission on the Environment and National Security (hereinafter in 
this Act referred to as the ``Commission'').

SEC. 4. DUTIES OF COMMISSION.

    (a) Study.--The Commission shall study the role in United States 
national security of security against global environmental threats, in 
light of recent global political changes and the rise of new 
environmental threats to the earth's natural resources and vital life 
support systems, including such threats referred to in section 2.
    (b) Report.--The Commission shall submit a preliminary and final 
report pursuant to section 8, each of which shall contain--
            (1) a detailed statement of the findings and conclusions of 
        the Commission on the matters described in subsection (a); and
            (2) specific recommendations with respect to--
                    (A) ways in which the United States might integrate 
                concerns about global environmental threats into its 
                national security and foreign policy;
                    (B) priority international action to respond to 
                global environmental threats and likely resource 
                commitments required to support them; and
                    (C) possible institutional changes in the executive 
                and legislative branches of the United States 
                Government that may be needed to ensure that such new 
                environmental threats receive adequate priority in the 
                national security policies and budgetary allocations of 
                the United States.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 14 
members, to be appointed not later than 30 days after the date of the 
enactment of this Act, as follows:
            (1) 2 members appointed by the President.
            (2) 3 members, 1 of whom shall be a Senator, appointed by 
        the President pro tempore of the Senate from among the 
        recommendations made by the majority leader of the Senate.
            (3) 3 members, 1 of whom shall be a Senator, appointed by 
        the President pro tempore of the Senate from among the 
        recommendations made by the minority leader of the Senate.
            (4) 3 members, 1 of whom shall be a member of the House of 
        Representatives, appointed by the Speaker of the House of 
        Representatives.
            (5) 3 members, 1 of whom shall be a member of the House of 
        Representatives, appointed by the minority leader of the House 
        of Representatives.
    (b) Additional Qualifications.--The Commission members (not 
including the members of Congress) shall be chosen from among 
individuals who--
            (1) are scientists, environmental specialists, experts on 
        national and international security, or analysts who have 
        studied the relationship between the environment and national 
        security, and
            (2) are not officers or employees of the United States.
    (c) Political Affiliation.--Not more than one-half of the members 
appointed from individuals who are not Members of Congress may be of 
the same political party. With respect to members who are Members of 
Congress, not more than one-half may be of the same political party.
    (d) Continuation of Membership.--If a member was appointed to the 
Commission as a Member of Congress and the member ceases to be a Member 
of Congress, or was appointed to the Commission because the member was 
not an officer or employee of any government and later becomes an 
officer or employee of a government, that member may continue as a 
member for not longer than the 60-day period beginning on the date that 
member ceases to be a Member of Congress, or becomes such an officer or 
employee, as the case may be.
    (e) Terms.--
            (1) In general.--Each member of the Commission shall be 
        appointed for the life of the Commission.
            (2) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made.
    (f) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        each member of the Commission shall be paid at a rate not to 
        exceed the daily equivalent of the annual rate of basic pay 
        payable for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code, for each day during which 
        such member is engaged in the actual performance of duties of 
        the Commission.
            (2) Prohibition of compensation of members of congress.--
        Members of the Commission who are Members of Congress may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Commission.
    (g) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (h) Quorum.--8 members of the Commission shall constitute a quorum 
but a lesser number may hold hearings.
    (i) Chairperson.--The Chairperson of the Commission shall be 
elected by a majority of the members.
    (j) Meetings.--The Commission shall meet at the call of the 
Chairperson.

SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Chairperson. The Director shall be paid at a rate not 
to exceed the maximum rate of basic pay payable for level IV of the 
Executive Schedule under section 5315 of title 5, United States Code.
    (b) Staff.--Subject to rules prescribed by the Commission, the 
Chairperson may appoint and fix the pay of additional personnel as the 
Chairperson considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
an individual so appointed may not receive pay in excess of the annual 
rate of basic pay payable for level IV of the Executive Schedule under 
section 5315 of the title 5, United States Code.
    (d) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals not to exceed the maximum annual 
rate of basic pay payable for GS-18 of the General Schedule.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairperson of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    (d) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Commission.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (f) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (g) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within the United States at any designated place of hearing 
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may be punished by the court as civil 
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
    (h) Immunity.--Except as provided in this subsection, a person may 
not be excused from testifying or from producing evidence pursuant to a 
subpoena on the ground that the testimony or evidence required by the 
subpoena may tend to incriminate or subject that person to criminal 
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any 
transaction, matter, or thing which that person is compelled to testify 
about or produce evidence relating to, except that the person may be 
prosecuted for perjury committed during the testimony or made in the 
evidence.
    (i) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for the purpose 
of conducting research or surveys necessary to enable the Commission to 
carry out its duties under this Act, and for other services.

SEC. 8. REPORTS.

    (a) Preliminary Report.--The Commission shall submit to the 
President and the Congress a preliminary report not later than 18 
months after the date on which all the members of the Commission have 
been appointed.
    (b) Final Report.--The Commission shall submit a final report to 
the President and the Congress not later than 2 years after the date on 
which all the members of the Commission have been appointed.

SEC. 9. TERMINATION.

    The Commission shall terminate 60 days after submitting its final 
report pursuant to section 8(b).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Amounts shall be made available to carry out this Act only to the 
extent such amounts are made available in advance in appropriations 
Acts.

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