[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3616 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3616

 To establish the Commission on Preemptive Foreign Policy and Military 
                               Planning.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

  Mr. Larson of Connecticut introduced the following bill; which was 
 referred to the Committee on International Relations, and in addition 
  to the Committee on Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish the Commission on Preemptive Foreign Policy and Military 
                               Planning.

    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 Preemptive Foreign 
Policy and Military Planning Act''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
on Preemptive Foreign Policy and Military Planning'' (in this Act 
referred to as ``the Commission'').

SEC. 3. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall review the doctrine of 
preemption adopted by the President in the National Security Strategy 
of the United States of America of September 2002 and assess the 
consequences and implications of its adoption for foreign policy and 
military planning.
    (b) Particular Issues.--In carrying out its duties under subsection 
(a), the Commission shall analyze the effect of the adoption of the 
doctrine of preemption on--
            (1) foreign policy in key world theaters, including North 
        Korea, Kashmir, Chechnya, the Taiwan Straits, Iran, Iraq, and 
        other theaters of importance as determined by the Commission;
            (2) relations between the United States and nations located 
        in regions surrounding key theaters and relations among nations 
        located in regions surrounding key theaters;
            (3) present commitments to allies relating to mutual 
        defense agreements, peacekeeping missions, joint military 
        exercises, participation in international institutions, and 
        coalition building;
            (4) efforts to conduct the war on terrorism in Afghanistan 
        and elsewhere;
            (5) the deployment capabilities, readiness, recruiting and 
        retention rates, morale, and force structure of the Armed 
        Forces of the United States, including the Reserve and National 
        Guard components, and the Coast Guard;
            (6) the deployability of forces in the event of a future 
        crisis requiring--
                    (A) the defense of the United States,
                    (B) the deterrence of aggression and coercion in 
                critical regions,
                    (C) the swift defeat of aggression in overlapping 
                major conflicts, including the possibility of regime 
                change or occupation, while preserving the option of 
                calling for a decisive victory in one of those 
                conflicts, and
                    (D) the conduct of a limited number of smaller-
                scale contingency operations;
            (7) the capability of the defense manufacturing base in the 
        United States to support the needs of the military, including--
                    (A) potential military supply deficiencies 
                resulting from the inability of manufacturers of 
                military supplies to respond to increased needs, and
                    (B) the extent to which domestic manufacturers may 
                face an increase in demand as a result of disagreements 
                with foreign governments over preemptive action; and
            (8) the accounting and budgeting structure of the 
        Department of Defense and its ability to track, report, and 
        project operating costs.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 10 
members appointed as follows:
            (1) 3 members shall be appointed by the majority leader of 
        the Senate.
            (2) 3 members shall be appointed by the Speaker of the 
        House of Representatives.
            (3) 2 members shall be appointed by the minority leader of 
        the Senate.
            (4) 2 members shall be appointed by the minority leader of 
        the House of Representatives.
    (b) Qualifications.--The members shall have knowledge and expertise 
in matters to be studied by the Commission.
    (c) Terms.--Members shall be appointed for the life of the 
Commission.
    (d) Vacancies.--Any vacancy in the Commission shall be filled in 
the same manner as the original appointment.
    (e) Chair.--The Chair of the Commission shall be designated by the 
Speaker of the House of Representatives, after consulting with the 
majority leader of the Senate and the minority leaders of the House of 
Representatives and the Senate.
    (f) Security Clearance.--The appropriate executive departments and 
agencies 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.
    (g) Deadline for Appointment.--The appointments of the members of 
the Commission shall be made no later than 3 months after the date of 
enactment of this Act.
    (h) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members shall each be paid at a rate not to exceed the rate of 
        basic pay for level IV of the Executive Schedule for each day 
        (including travel time) during which they are engaged in the 
        actual performance of duties vested in the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service on the 
        Commission.
    (i) Travel in Military Vehicles.--Members and personnel for the 
Commission may travel on aircraft, vehicles, or other conveyances of 
the Armed Forces of the United States when travel is necessary in the 
performance of a duty of the Commission except when the cost of 
commercial transportation is less expensive.
    (j) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (k) Retired Annuitants.--A member of the Commission who is an 
annuitant otherwise covered by section 8344 or section 8468 of title 5, 
United States Code, shall not be subject to the provisions of that 
section with respect to membership on the Commission by reason of 
membership on the Commission.
    (l) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number may hold hearings.
    (m) Meetings.--
            (1) First meeting.--The Commission shall hold its first 
        meeting on a date designated by the Speaker of the House of 
        Representatives which is not later than 30 days after the date 
        on which all members have been appointed.
            (2) Subsequent meetings.--After the first meeting, the 
        Commission shall meet upon the call of the Chair.

SEC. 5. STAFF OF COMMISSION.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Chair. The Director shall be paid a rate not to exceed 
the maximum rate of basic pay for GS-15 of the General Schedule.
    (b) Additional Staff.--In addition to the Director, the Chair may 
appoint and fix the pay of up to 3 staff members, except that any staff 
member appointed under this subsection shall not be paid at a rate to 
exceed the maximum rate of basic pay for GS-15 of the General Schedule.
    (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.
    (d) Staff of Federal Agencies.--Upon the request of the Chair of 
the Commission, the head of any Federal department or agency may 
detail, without reimbursement, any of the personnel of that department 
or agency to the Commission to assist in carrying out its duties under 
this Act.

SEC. 6. 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.
    (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 agency of the United States information necessary to enable it 
to carry out this Act. Upon the request of the Chair of the Commission, 
the head of that department or agency shall furnish that information to 
the Commission.
    (d) 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.
    (e) 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.

SEC. 7. REPORT.

    (a) In General.--The Commission shall transmit a final report to 
the President and Congress not later than 6 months after the date on 
which the Commission first meets.
    (b) Contents.--The final report shall contain a detailed statement 
of the findings, conclusions, and recommendations of the Commission and 
shall include any estimated budgetary costs or savings the Commission 
expects will result from sustaining a foreign policy of preemption.

SEC. 8. TERMINATION.

    The Commission shall terminate 30 days after the date on which the 
Commission submits its final report to the President and Congress under 
section 7.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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