[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1812 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1812

 To establish a commission on a nuclear testing treaty, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 27, 1999

  Mr. Warner introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To establish a commission on a nuclear testing treaty, and for other 
                               purposes.

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

SECTION 1. ESTABLISHMENT OF PRESIDENTIAL AND SENATORIAL COMMISSION ON A 
              NUCLEAR TESTING TREATY.

    There is established a commission to be known as the Presidential 
and Senatorial Commission on a Nuclear Testing Treaty (in this Act 
referred to as the ``Commission'').

SEC. 2. COMPOSITION AND QUALIFICATIONS.

    (a) Membership.--(1) The Commission shall be composed of 12 
members, as follows:
            (A) Six members shall be appointed by the Majority Leader 
        of the Senate.
            (B) Six members shall be appointed by the Minority Leader 
        of the Senate.
    (2) Of the members of the Commission appointed under each of 
subparagraphs (A) and (B) of paragraph (1)--
            (A) not more than two members may be current employees of 
        the Executive Branch; and
            (B) the Legislative Branch shall be represented solely by 
        not more than two Senators.
    (3) The members of the Commission shall be persons of demonstrated 
ability and accomplishment in government who have a substantial 
background in national security matters.
    (4) Each member of the Commission shall take the oath of office 
prescribed by section 3331 of title 5, United States Code.
    (b) Co-Chairpersons.--(1) Subject to paragraph (2), two members of 
the Commission shall be designated as Co-Chairpersons of the 
Commission, and each shall have co-equal authority as Co-Chairperson of 
the Commission.
    (2)(A) The President shall designate one of the members of the 
Commission appointed by the Minority Leader of the Senate to serve as a 
Co-Chairperson of the Commission.
    (B) The Majority Leader of the Senate shall designate one of the 
members of the Commission appointed by the Majority Leader to serve as 
a Co-Chairperson of the Commission.
    (C) No individual designated as Co-Chairperson of the Commission 
may hold public office as of the time of designation as Co-Chairperson, 
nor may any individual accept or hold any other public office or 
position during such individual's service as Co-Chairperson.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the duration of the Commission. Any vacancy in the Commission shall 
not affect its powers but shall be filled in the same manner as the 
original appointment.
    (d) Deadline for Appointments.--The appointments required by 
subsection (a) shall be made not later than 45 days after the date of 
the enactment of this Act.
    (e) Meetings.--(1) The Commission shall meet at the call of the Co-
Chairpersons of the Commission.
    (2) The Commission shall hold its first meeting not later than 30 
days after the deadline for appointments to the Commission under 
subsection (d).
    (f) Quorum.--Six members of the Commission voting and present shall 
constitute a quorum, but a lesser number of members present may hold 
hearings, take testimony, or otherwise receive evidence.
    (g) Security Clearances.--Appropriate security clearances shall be 
required for members of the Commission who are private United States 
citizens. Such clearances shall be processed and completed on an 
expedited basis by appropriate elements of the Executive Branch of 
Government and shall, in any case, be completed within 90 days of the 
date such members are appointed.
    (h) Application of Certain Provisions of Law.--(1) In light of the 
extraordinary and sensitive nature of its deliberations, the provisions 
of the Federal Advisory Committee Act (5 U.S.C. App.), and the 
regulations prescribed by the Administrator of General Services 
pursuant to that Act, shall not apply to the Commission.
    (2) The provisions of section 552 of title 5, United States Code 
(commonly known as the ``Freedom of Information Act''), shall not apply 
to the Commission. However, records of the Commission shall be subject 
to the Federal Records Act and, when transferred to the National  
Archives and Records Agency, shall no longer be exempt from the 
provisions of such section 552.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) In General.--It shall be the duty of the Commission--
            (1) to determine under what circumstances a nuclear testing 
        treaty would be in the national security interests of the 
        United States;
            (2) to determine how a nuclear testing treaty would relate 
        to the security interests of other nations;
            (3) to determine provisions essential to a nuclear testing 
        treaty such that the treaty would be in the national security 
        interests of the United States;
            (4) to determine whether a nuclear testing treaty would 
        achieve the non-proliferation and arms control objectives of 
        the United States; and
            (5) to prepare and transmit the report described in section 
        4(c).
    (b) Implementation.--In carrying out subsection (a), the Commission 
shall specifically assess any issues the Commission considers 
appropriate, including the following:
            (1) The improvements required for both the United States 
        and the international monitoring systems in order to enhance 
        detection of nuclear tests to meet the requirements of any 
        treaty that may be recommended by the Commission.
            (2) The elements of a verification regime that would be 
        required in a nuclear testing treaty in order to minimize any 
        detrimental impact of such treaty to the national security 
        interests of the United States.
            (3) The current status of the science-based stockpile 
        stewardship program of the Department of Energy, including--
                    (A) the date by which the program is anticipated to 
                be fully implemented and proven as a substitute 
                approach for underground nuclear testing; and
                    (B) the dates of important milestones in the 
                development of the program.
            (4) The capability of the stockpile stewardship program to 
        assure the safety, reliability, and military viability of the 
        United States nuclear weapons stockpile indefinitely, including 
        the capability of the program--
                    (A) to remanufacture, certify, and replace each 
                component in the enduring stockpile;
                    (B) to add all available, modern nuclear safety and 
                use control devices to weapons in the enduring 
                stockpile; and
                    (C) to modify existing nuclear weapons or design 
                new weapons to meet future military threats.
            (5) The criteria that would be utilized by appropriate 
        officials of the United States (including the Secretary of 
        Defense, the Secretary of Energy, the directors of the 
        Department of Energy national laboratories, and the Commander-
        in-Chief of the United States Strategic Command) to determine 
        when and if the United States should withdraw from a nuclear 
        testing treaty under a supreme national interest clause of such 
        treaty in order to resume another method of nuclear weapons 
        tests, including underground tests.
            (6) Whether a nuclear testing treaty will disadvantage the 
        United States with respect to the nuclear weapons maintenance 
        and modernization programs carried out by other nations.
            (7) Whether a nuclear testing treaty that requires a zero 
        yield is in the national security interests of the United 
        States.
            (8) Whether a nuclear testing treaty of permanent duration 
        is in the national security interests of the United States, or 
        whether a treaty with periodic and mandatory reviews of the 
        continuation of such treaty in force is preferable.
            (9) The capacity of a nuclear testing treaty to prevent, 
        deter, or lessen the proliferation of crude, or first 
        generation, nuclear weapons.
            (10) In the event a nuclear testing treaty receives the 
        advice and consent to ratification of the Senate, the extent to 
        which the actual or perceived decline in confidence in the 
        United States nuclear deterrent would affect the national 
        security of the United States and the security of our allies.
            (11) Whether the elimination of the United States nuclear 
        capability would be in the national security interests of the 
        United States, both currently and in the future.

SEC. 4. REPORTS.

    (a) Initial Report.--Not later than two months after the first 
meeting of the Commission, the Co-Chairpersons of the Commission shall, 
on behalf of the Commission, submit to the Senate a report setting 
forth a plan for the work of the Commission.
    (b) Interim Reports.--Before the submission of the report required 
by subsection (c), the Commission may issue such interim reports as it 
finds necessary and desirable.
    (c) Final Report.--(1) Not later than March 1, 2001, the Commission 
shall submit to the President and the Senate a report setting forth the 
activities, findings, and recommendations of the Commission.
    (2) The report under paragraph (1) shall be in unclassified form, 
but may contain a classified annex.

SEC. 5. POWERS.

    (a) Hearings; Subpoenas.--(1) The Commission or, at its direction, 
any panel or member of the Commission, may, for the purpose of carrying 
out the provisions of this Act, hold hearings, sit and act at times and 
places, require, by subpoena or otherwise, the attendance of witnesses 
and the production of records, papers, documents and other materials, 
take testimony, receive evidence, and administer oaths to the extent 
that the Commission or any panel or member considers advisable.
    (2)(A) Subpoenas issued pursuant to paragraph (1) shall bear the 
signature of the Co-Chairpersons of the Commission and shall be served 
by any person or class of persons designated by the Co-Chairpersons for 
that purpose.
    (B) In the case of contumacy or failure to obey a subpoena issued 
under paragraph (1), the United States district court for the judicial 
district in which the subpoenaed person resides, is served, or may be 
found 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 that court.
    (b) Information From Federal Agencies.--(1) The Commission may 
secure directly from any department, agency, or entity of the Federal 
Government any information that the Commission considers necessary to 
enable the Commission to carry out its responsibilities under this Act.
    (2) Upon request of a Co-Chairperson of the Commission, the head of 
any such department, agency, or entity shall furnish such information 
expeditiously to the Commission.
    (c) Postal, Printing and Binding 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 Federal Government.
    (d) Panels.--(1) The Commission may establish panels composed of 
less than the full membership of the Commission for the purpose of 
carrying out the Commission's duties.
    (2) The actions of each such panel shall be subject to the review 
and control of the Commission.
    (3) Any findings and determinations made by such a panel shall not 
be considered the findings and determinations of the Commission unless 
approved by the Commission.
    (e) Authority of Individuals To Act for Commission.--Any member or 
agent of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take under this Act.

SEC. 6. PERSONNEL MATTERS.

    (a) Compensation of Members.--(1) Each member of the Commission who 
is a private United States citizen shall be paid, if requested, at a 
rate equal to the daily equivalent of the annual rate of basic pay 
payable for level V of the Executive Schedule under section 5316 of 
title 5, United States Code, for each day (including travel time) 
during which the member is engaged in the performance of the duties of 
the Commission.
    (2) All members of the Commission who are officers or employees of 
the United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States.
    (b) Travel Expenses.--Each 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.
    (c) Staff.--(1) The Co-Chairpersons of the Commission may, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, appoint a staff director and 
such additional personnel as may be necessary to enable the Commission 
to perform its duties. The staff director of the Commission shall be 
appointed from private life, and such appointment shall be subject to 
the approval of the Commission as a whole.
    (2) The Co-Chairpersons of the Commission may fix the pay of the 
staff director and other personnel without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, United States 
Code, relating to classification of positions and General Schedule pay 
rates, except that the rate of pay fixed under this paragraph for the 
staff director may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of such title and the rate of pay 
for other personnel may not exceed the maximum rate payable for grade 
GS-15 of the General Schedule.
    (d) Detail of Government Employees.--Upon request of the Co-
Chairpersons of the Commission, the head of any Federal department or 
agency may detail, on a nonreimbursable basis, any personnel of that 
department or agency to the Commission to assist it in carrying out its 
administrative and clerical functions.
    (e) Procurement of Temporary and Intermittent Services.--The Co-
Chairpersons of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay payable for level V of the Executive Schedule under 
section 5316 of such title.
    (f) Administrative and Support Services.--The Secretary of Defense 
and the Secretary of State shall furnish the Commission, on a non-
reimbursable basis, any administrative and support services requested 
by the Commission consistent with this Act.

SEC. 7. PAYMENT OF COMMISSION EXPENSES.

    The compensation, travel expenses, per diem allowances of members 
and employees of the Commission, and other expenses of the Commission 
shall be paid equally out of funds available to the Secretary of 
Defense and the Secretary of State for the payment of compensation, 
travel allowances, and per diem allowances, respectively, of employees 
of the Department of Defense and the Department of State, as the case 
may be.

SEC. 8. TERMINATION OF THE COMMISSION.

    The Commission shall terminate one month after the date of the 
submission of the report required by section 4(c).
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