[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1735 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1735

   To establish a National Commission on Threats to the Homeland and 
                    United States National Security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 27, 2001

 Mr. Biden (for himself and Mr. Lugar) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To establish a National Commission on Threats to the Homeland and 
                    United States National Security.

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

SECTION 1. ESTABLISHMENT.

    There is established the National Commission on Threats to the 
Homeland and United States National Security (in this Act referred to 
as the ``Commission'').

SEC. 2. COMPOSITION.

    (a) In General.--The Commission shall be composed of six members, 
as follows:
            (1) Two members appointed by the President, not more than 
        one of whom shall be appointed from the same political party.
            (2) One member appointed by the Majority Leader of the 
        Senate.
            (3) One member appointed by the Minority Leader of the 
        Senate.
            (4) One member appointed by the Speaker of the House of 
        Representatives.
            (5) One member appointed by the Minority Leader of the 
        House of Representatives.
    (b) Qualifications.--Members of the Commission shall be appointed 
from among distinguished Americans in private life who have served at 
the most senior levels of the Federal government, including the 
national security, law enforcement, and public safety agencies of the 
United States.
    (c) Chairman.--The Commission shall elect a Chairman from among its 
members.
    (d) Quorum.--A majority of the members shall constitute a quorum.
    (e) Vacancies.--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.
    (f) Meetings.--After its initial meeting, the Commission shall meet 
upon the call of the Chairman or a majority of its members.
    (g) Appointments Deadline.--It is the sense of Congress that 
members of the Commission should be appointed not later than 30 days 
after the date of enactment of this Act.

SEC. 3. PURPOSE.

    (a) In General.--The Commission shall evaluate, in light of the 
terrorist attacks against the United States on September 11, 2001, the 
threats to the United States and to United States national security, in 
order to assist the Federal Government set priorities in the national 
budget, and in the organization of the relevant government departments, 
to address those threats.
    (b) Particular Subjects for Review.--In particular, the Commission 
shall--
            (1) provide a comprehensive assessment of the range of 
        threats to the United States and to United States national 
        security, taking into account analyses by United States 
        agencies and nongovernmental entities that have recently 
        reviewed relevant issues, such as the United States Commission 
        on National Security/21st Century, the National Commission on 
        Terrorism, the Department of Energy Russia Task Force, and the 
        Advisory Panel to Assess Domestic Response Capabilities for 
        Terrorism Involving Weapons of Mass Destruction; and
            (2) make recommendations to the President and Congress on 
        the priority that should be accorded to those threats in the 
        United States national security strategy, taking into account--
                    (A) the likelihood such threats will result in 
                attacks on the United States or important United States 
                interests;
                    (B) the potential damage to the United States or 
                important United States interests that would result 
                from such attacks; and
                    (C) current United States capabilities to counter 
                and respond to such threats.

SEC. 4. POWERS OF THE COMMISSION.

    (a) Hearings.--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, 
take testimony, receive evidence, and administer oaths to the extent 
that the Commission or any panel or member considers advisable.
    (b) Information From Federal Agencies.--The Commission may secure 
directly or from any Federal department or agency any information that 
the Commission considers necessary to enable the Commission to carry 
out its responsibilities under this section. Upon request of the 
Chairman of the Commission, the head of any such department or agency 
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.

SEC. 5. STAFF OF THE COMMISSION.

    (a) In General.--The Chairman 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.
    (b) Compensation.--The Chairman 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.
    (c) Detail of Government Employees.--Upon request of the Chairman 
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.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairman 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.
    (e) Administrative and Support Services.--The Administrator of 
General Services shall furnish the Commission, on a non-reimbursable 
basis, any administrative and support services requested by the 
Commission consistent with this Act.

SEC. 6. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation of Members.--Each member of the Commission may be 
compensated at not to exceed 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 actual performance of 
the duties of the Commission.
    (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.

SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
              STAFF.<plus-minus>

    The appropriate departments, agencies, and other entities of the 
United States Government shall cooperate with the Commission in 
expeditiously providing to the Commission members and staff appropriate 
security clearances in a manner consistent with existing procedures and 
requirements, except that no person shall be provided with access to 
classified information under this section who would not otherwise 
qualify for such security clearance.

SEC. 8. REPORTS.

    (a) Interim Report.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall submit an interim report to 
the President and the Congress describing its activities since the date 
of enactment of this Act.
    (b) Final Report.--Not later than September 11, 2002, the 
Commission shall submit a final report to the President and the 
Congress describing its activities since the date of enactment of this 
Act, together with a summary of the comprehensive assessment and 
recommendations made by the Commission under section 3(b).

SEC. 9. FUNDING.

    Notwithstanding the provisions of the Act of September 18, 2001 
(Public Law 107-38), amounts appropriated by that Act shall be 
available to carry out the provisions of this Act.

SEC. 10. TERMINATION OF THE COMMISSION.

    (a) In General.--The Commission shall terminate 60 days after the 
date of the submission of the final report required by section 8(b).
    (b) Wind Up Activities.--The Commission may use the 60-day period 
referred to in subsection (a) for the purpose of concluding its 
activities, including providing testimony to congressional committees 
concerning its final report and disseminating that report.
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