[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 189 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 189

   To establish a commission to investigate exposure to chemical and 
  biological warfare agents as a result of the Persian Gulf conflict.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

   Mr. Hastings of Florida introduced the following bill; which was 
             referred to the Committee on National Security

_______________________________________________________________________

                                 A BILL


 
   To establish a commission to investigate exposure to chemical and 
  biological warfare agents as a result of the Persian Gulf conflict.

    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 ``Commission on Chemical and 
Biological Warfare Agent Exposure Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Commission on Chemical and Biological Warfare Agent Exposure'' 
(in this Act referred to as the ``Commission'').
    (b) Composition.--The Commission shall be composed of 9 members (in 
this Act referred to as the ``members'') who shall be appointed as 
follows:
            (1) 3 members shall be appointed by the President.
            (2) 2 members shall be appointed by the Speaker of the 
        House of Representatives.
            (3) 1 member shall be appointed by the minority leader of 
        the House of Representatives.
            (4) 2 members shall be appointed by the President pro 
        tempore of the Senate.
            (5) 1 member shall be appointed by the minority leader of 
        the Senate.
    (c) Qualifications.--
            (1) In general.--Members shall be appointed from among 
        individuals with knowledge and expertise relevant to the duties 
        of the Commission, and may not be officers or employees of the 
        United States.
            (2) Exception.--A member who, when appointed to the 
        Commission, was not an officer or employee of the United 
        States, and who later becomes such an officer or employee may 
        continue as a member for not longer than the 30-day period 
        beginning on the date that the member becomes such an officer 
        or employee.
    (d) Initial Appointments.--All initial appointments to the 
Commission shall be made not later than 90 days after the date of the 
enactment of this Act.
    (e) Chairman.--The Chairman of the Commission (in this Act referred 
to as the ``Chairman'') shall be elected by the members.
    (f) Period of Appointment.--Each member shall be appointed for the 
life of the Commission.
    (g) Security Clearances.--All members of the Commission shall apply 
for appropriate security clearances. The Secretary of Defense shall 
provide expedited processing of security clearances of members.
    (h) Initial Meeting.--The Commission shall convene its first 
meeting not later than 30 days after the date as of which all initial 
appointments to the Commission have been made.

SEC. 3. INVESTIGATION.

    The Commission shall investigate the following:
            (1) The presence of chemical and biological warfare agents 
        in the Persian Gulf theater during the Persian Gulf conflict, 
        the amounts and locations of the agents present, and the 
proximity of members of the Armed Forces to such locations.
            (2) The location and nature of all releases, detections, or 
        reports of chemical or biological warfare agents in connection 
        with the Persian Gulf conflict, the identity of the units of 
        the Armed Forces and the number of individuals potentially 
        exposed to the agents, and the degree of exposure to the 
        agents.
            (3) The level of preparedness of members of the Armed 
        Forces to recognize and respond to possible exposure to 
        chemical and biological warfare agents during the Persian Gulf 
        conflict, the appropriateness of standards used by the Armed 
        Forces to evaluate low levels of exposure to the agents, the 
        adequacy of medical training and procedures of the Armed Forces 
        for identifying and treating exposure to the agents, the 
        adequacy of information provided to members of the Armed Forces 
        on the possible presence or release of the agents, and the 
        appropriateness of instructions and procedures followed to 
        protect members of the Armed Forces from exposure to the 
        agents.
            (4) The handling by the Department of Defense of reports on 
        the use, presence, destruction, storage, and transportation of 
        chemical and biological weapons in connection with the Persian 
        Gulf conflict.
            (5) The adequacy of the recordkeeping and reporting 
        procedures of the Department of Defense with respect to 
        exposure to chemical and biological warfare agents.
            (6) The adequacy of Department of Defense training, 
        preparation, detection, and safety procedures concerning 
        chemical and biological warfare agents.

SEC. 4. REPORT.

    Not later than 2 years after the first meeting of the Commission, 
the Commission shall submit to the President and the Congress a report 
containing--
            (1) the results and findings of the investigation conducted 
        under section 3; and
            (2) recommendations for such changes as the Commission 
        considers appropriate, in the recordkeeping, reporting, 
        preparation, and training procedures of the Department of 
        Defense with respect to exposure to chemical and biological 
        warfare agents, to improve the safety and readiness of members 
        of the Armed Forces.

SEC. 5. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold such hearings, sit and act at such times 
and places, take such testimony, and receive such evidence as the 
Commission considers appropriate. The Commission may administer oaths 
to witnesses appearing before it.
    (b) Obtaining Information.--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 Chairman, the head 
of that department or agency shall furnish that information to the 
Commission in a full and timely manner.
    (c) Subpoena Power.--
            (1) In general.--The Commission may issue a subpoena to 
        require the attendance and testimony of witnesses and the 
        production of evidence relating to any matter under 
        investigation by the Commission.
            (2) Failure to obey an order or subpoena.--If a person 
        refuses to obey an order or subpoena of the Commission that is 
        issued in connection with a Commission proceeding, the 
        Commission may apply to the United States district court in the 
        judicial district in which the proceeding is held for an order 
requiring the person to comply with the subpoena or order.
    (d) Immunity.--The Commission is an agency of the United States for 
purposes of part V of title 18, United States Code (relating to 
immunity of witnesses).
    (e) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for services 
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).

SEC. 6. COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (b) Quorum.--5 members of the Commission shall constitute a quorum 
but a lesser number may hold hearings.
    (c) Delegation of Authority.--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 Act.

SEC. 7. PERSONNEL MATTERS.

    (a) Pay of Members.--Members shall not be paid by reason of their 
service as members.
    (b) 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.
    (c) Director.--The Commission shall have a Director who shall be 
appointed by the Chairman.
    (d) Staff.--With the approval of the Commission and as the Director 
considers appropriate, the Director may--
            (1) appoint trained investigators and other Commission 
        personnel; and
            (2) fix the pay of such trained investigators and other 
        Commission personnel.
    (e) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission shall be appointed subject to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service, and shall be paid in accordance with the provisions of chapter 
51 and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates.

SEC. 8. OTHER ADMINISTRATIVE PROVISIONS.

    (a) 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.
    (b) 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 duties under 
this Act.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.

SEC. 9. BUDGET ACT COMPLIANCE.

    Any spending authority (as defined in subparagraphs (A) and (C) of 
section 401(c)(2) of the Congressional Budget Act of 1974) authorized 
by this Act shall be effective only to such extent and in such amounts 
as are provided in advance in appropriations Acts.

SEC. 10. TERMINATION OF COMMISSION.

    The Commission shall terminate 60 days after submitting its report 
pursuant to section 4.
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