[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4038 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4038

   To establish the bipartisan and independent Commission on Global 
     Resources, Environment, and Security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2006

 Mr. Sarbanes introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To establish the bipartisan and independent Commission on Global 
     Resources, Environment, and Security, 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. SHORT TITLE.

    This Act may be cited as the ``Global Resources, Environment, and 
Security Commission Act of 2006''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) humans are placing increasing and potentially 
        unsustainable pressures on--
                    (A) the Earth;
                    (B) ecosystems; and
                    (C) natural resources;
            (2) economic prosperity, human health, and peaceful 
        international relations depend on the continued existence of--
                    (A) a clean environment; and
                    (B) the sustainability of natural resources and 
                ecosystem services;
            (3) increasing scarcities of natural resources and 
        environmental degradation can cause economic losses and 
        contribute to--
                    (A) disease;
                    (B) famine;
                    (C) increased vulnerability to natural disasters;
                    (D) mass migration;
                    (E) disruption of trade; and
                    (F) violent conflict;
            (4) those potential disasters can--
                    (A) weaken all members of the international 
                community; and
                    (B) create serious threats to the national security 
                of the United States;
            (5) many scientific studies reveal that the rapid increases 
        in global population and the new global security problems have, 
        and will likely continue to have, serious impacts on the United 
        States, including--
                    (A) inadequate access to sources of healthy 
                freshwater;
                    (B) loss of biodiversity;
                    (C) climate change;
                    (D) marine overfishing and pollution;
                    (E) transboundary air pollution;
                    (F) nuclear and chemical contamination;
                    (G) deforestation;
                    (H) invasive species migration; and
                    (I) soil degradation and desertification;
            (6) the complex and interconnected nature of those problems 
        requires new forms of cooperation between--
                    (A) the stakeholders of the United States; and
                    (B) the United States and other countries;
            (7) according to the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.), it is the national policy of the 
        United States--
                    (A) to recognize the worldwide and long-range 
                character of environmental problems; and
                    (B) to lend appropriate support to initiatives, 
                resolutions, and programs designed to maximize 
                international cooperation in anticipating and 
                preventing a decline in the quality of the world 
                environment;
            (8) the United States is in a unique position to be able to 
        share scientific and technical expertise on the world stage in 
        ways that--
                    (A) benefit all persons; and
                    (B) provide opportunities in the United States 
                for--
                            (i) economic growth;
                            (ii) investment; and
                            (iii) innovation; and
            (9) the leadership of the United States on the advancement 
        of global environmental security serves the domestic interests 
        of the United States while strengthening relationships between 
        the United States and other countries.
    (b) Purpose.--The purpose of this Act is to establish a bipartisan 
and independent commission to make recommendations for a coordinated, 
comprehensive, and long-range national policy for new and existing 
strategies initiated by the United States to promote global 
environmental security.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Commission on Global Resources, Environment, and Security'' 
(referred to in this Act as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 18 
        members who are knowledgeable in matters relating to global 
        environmental security and population (including individuals 
        with experience from the Federal Government, State, and local 
        governments, academic and technical institutions, and public 
        interest organizations), of whom--
                    (A) 2 members shall be appointed by the President, 
                of whom not more than 1 may be from the same political 
                party as the President;
                    (B) 4 members shall be appointed by the majority 
                leader of the Senate, in consultation with the 
                Chairpersons of--
                            (i) the Committee on Environment and Public 
                        Works of the Senate;
                            (ii) the Committee on Foreign Relations of 
                        the Senate;
                            (iii) the Committee on Commerce, Science, 
                        and Transportation of the Senate; and
                            (iv) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                    (C) 4 members shall be appointed by the minority 
                leader of the Senate, in consultation with the ranking 
                members of--
                            (i) the Committee on Environment and Public 
                        Works of the Senate;
                            (ii) the Committee on Foreign Relations of 
                        the Senate;
                            (iii) the Committee on Commerce, Science, 
                        and Transportation of the Senate; and
                            (iv) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                    (D) 4 members shall be appointed by the Speaker of 
                the House of Representatives, in consultation with the 
                Chairpersons of--
                            (i) the Committee on Energy and Commerce of 
                        the House of Representatives;
                            (ii) the Committee on International 
                        Relations of the House of Representatives;
                            (iii) the Committee on Resources of the 
                        House of Representatives;
                            (iv) the Committee on Science of the House 
                        of Representatives;
                            (v) the Committee on Homeland Security of 
                        the House of Representatives; and
                            (vi) the Committee on Government Reform of 
                        the House of Representatives; and
                    (E) 4 members shall be appointed by the minority 
                leader of the House of Representatives, in consultation 
                with the ranking members of--
                            (i) the Committee on Energy and Commerce of 
                        the House of Representatives;
                            (ii) the Committee on International 
                        Relations of the House of Representatives;
                            (iii) the Committee on Resources of the 
                        House of Representatives;
                            (iv) the Committee on Science of the House 
                        of Representatives;
                            (v) the Committee on Homeland Security of 
                        the House of Representatives; and
                            (vi) the Committee on Government Reform of 
                        the House of Representatives.
            (2) Representation of commission.--To the extent consistent 
        with paragraph (1), the membership of the Commission shall be 
        balanced by area of expertise.
            (3) Prohibition on federal government employment.--A member 
        of the Commission appointed under paragraph (1)(A) shall not be 
        an employee or former employee of the Federal Government.
            (4) Considerations for appointment.--
                    (A) Background of members.--
                            (i) In general.--All members of the 
                        Commission shall have experience in--
                                    (I) State and local governments;
                                    (II) academic and technical 
                                institutions;
                                    (III) businesses and industries 
                                relating to resource and economic 
                                development; or
                                    (IV) public interest organizations.
                            (ii) Preference to individuals with 
                        interdisciplinary expertise.--In appointing 
                        members to the Commission, preference shall be 
                        given to individuals who have interdisciplinary 
                        experience.
                    (B) Political affiliation of members.--Members of 
                the Commission shall be appointed so that not more than 
                9 members of the Commission are members of any 1 
                political party.
            (5) Date of appointments.--The appointment of a member of 
        the Commission shall be made not later than March 30, 2007.
            (6) Term; vacancies.--
                    (A) Term.--A member of the Commission shall be 
                appointed for the life of the Commission.
                    (B) Vacancies.--
                            (i) In general.--A vacancy on the 
                        Commission shall be filled in the same manner 
                        in which the original appointment was made.
                            (ii) Partial term.--A member appointed to 
                        fill a vacancy on the Commission shall serve 
                        for the remainder of the term for which the 
                        predecessor of the member was appointed.
            (7) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold the initial meeting of the Commission.
            (8) Meetings.--
                    (A) In general.--The Commission shall meet--
                            (i) at least twice each year; or
                            (ii) at the call of the Chairperson or the 
                        majority of the members of the Commission.
                    (B) Public access to meetings.--
                            (i) In general.--Except as provided in 
                        clause (ii), each meeting of the Commission 
                        shall be open to the general public.
                            (ii) Exception.--If a meeting of the 
                        Commission addresses a matter described in 
                        section 552b(c) of title 5, United States Code, 
                        the Commission may close the meeting, or a 
                        portion of the meeting, to the general public.
            (9) Quorum.--A majority of voting members shall constitute 
        a quorum, but a lesser number may hold meetings.
            (10) Chairperson and vice chairperson.--
                    (A) Election.--The Commission shall elect the 
                Chairperson and the Vice Chairperson of the Commission 
                on an annual basis.
                    (B) Absence of the chairperson.--The Vice 
                Chairperson shall serve as the Chairperson in the 
                absence of the Chairperson.
            (11) Voting.--The Commission shall act only on an 
        affirmative vote of a majority of the voting members of the 
        Commission.

SEC. 4. DUTIES.

    (a) Study.--The Commission shall--
            (1) review and affirm current scientific understanding on 
        the health of the global environment and the long-term 
        availability of natural resources through the use of 
        independent, consensus-based assessments and peer reviewed 
        studies undertaken by the United States, the United Nations, 
        and any other international entity;
            (2) study the impacts of--
                    (A) global and transnational environmental 
                problems, natural resource scarcity, and global 
                population pressure on the interests of the United 
                States, including--
                            (i) national security;
                            (ii) public health;
                            (iii) industry and trade; and
                            (iv) international relations; and
                    (B) the actions of the United States on global 
                environmental security;
            (3) assess--
                    (A) the effectiveness of Federal and State efforts 
                to enhance global environmental security, including--
                            (i) the integration of related activities;
                            (ii) the interagency coordination of 
                        related activities; and
                            (iii) the funding of related activities;
                    (B) the evolving roles of--
                            (i) government;
                            (ii) business; and
                            (iii) nongovernmental organizations; and
                    (C) the adequacy of efforts initiated by public and 
                private partnerships that strive to meet the goals of--
                            (i) global environmental protection;
                            (ii) natural resource sustainability; and
                            (iii) economic prosperity; and
            (4) determine the progress of the United States in--
                    (A) achieving relevant international goals and 
                obligations; and
                    (B) meeting the challenges outlined by the 
                scientific studies described under paragraph (1).
    (b) Recommendations.--The Commission shall develop recommendations 
for creating a coordinated, comprehensive, and long-range national 
policy that promotes global environmental security.
    (c) Report.--
            (1) In general.--By March 30, 2009, the Commission shall 
        submit to the President and Congress a report that contains--
                    (A) a detailed statement of the findings and 
                conclusions of the Commission;
                    (B) a summary of public comments; and
                    (C) the recommendations of the Commission for such 
                legislation and administrative actions as the 
                Commission considers appropriate.
            (2) Publication of report.--Not later than 90 days before 
        submitting the final report of the Commission to the President 
        and Congress, the Commission shall publish a copy of the report 
        in the Federal Register.
            (3) Public comment.--
                    (A) In general.--Before submitting the report of 
                the Commission to the President and Congress, the 
                Commission shall--
                            (i) make a draft of the report available 
                        for public comment for a period of not less 
                        than 60 days; and
                            (ii) consider public comments relating to 
                        the draft of the report.
                    (B) Availability of report.--A copy of the report 
                of the Commission shall remain available for 
                inspection--
                            (i) in the offices of the Commission; and
                            (ii) through electronically accessible 
                        formats and means, such as the World Wide Web.
            (4) Congressional review.--
                    (A) In general.--Not later than 90 days before 
                submitting the final report of the Commission to the 
                President and Congress, the Commission shall provide 
                copies of the report to the Chairpersons and ranking 
                members of--
                            (i) the Committee on Environment and Public 
                        Works of the Senate;
                            (ii) the Committee on Foreign Relations of 
                        the Senate;
                            (iii) the Committee on Commerce, Science, 
                        and Transportation of the Senate;
                            (iv) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (v) the Committee on Energy and Commerce of 
                        the House of Representatives;
                            (vi) the Committee on International 
                        Relations of the House of Representatives;
                            (vii) the Committee on Resources of the 
                        House of Representatives;
                            (viii) the Committee on Science of the 
                        House of Representatives;
                            (ix) the Committee on Homeland Security of 
                        the House of Representatives; and
                            (x) the Committee on Government Reform of 
                        the House of Representatives.
                    (B) Opportunity for comment.--Before submitting the 
                report to the President and Congress, the Commission 
                shall provide each chairperson and ranking member of a 
                committee described in subparagraph (A) with an 
                opportunity to comment on the report.

SEC. 5. POWERS.

    (a) Hearings.--
            (1) In general.--The Commission or, at the direction of the 
        Commission, any subcommittee or member of the Commission, may, 
        for the purpose of carrying out this Act hold such hearings, 
        meet and act at such times and places, take such testimony, 
        receive such evidence, and administer such oaths as the 
        Commission or such subcommittee or members considers advisable.
            (2) Notice; minutes; public availability of documents.--
                    (A) Notice.--Each open meeting of the Commission 
                shall be preceded by timely public notice in the 
                Federal Register of the time, place, and subject of the 
                meeting.
                    (B) Minutes.--Minutes of each meeting shall--
                            (i) be kept by the Commission; and
                            (ii) contain--
                                    (I) a record of the individuals 
                                present;
                                    (II) a description of the 
                                discussion that occurred during the 
                                meeting; and
                                    (III) copies of all statements 
                                filed during the meeting.
                            (iii) Availability.--Subject to section 552 
                        of title 5, United States Code, the minutes and 
                        records of all meetings and other documents 
                        made available to or prepared for the 
                        Commission shall be available for public 
                        inspection and copying at a single location in 
                        the offices of the Commission.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal agency such information as the Commission considers 
        necessary to carry out this Act.
            (2) Provision of information.--On request of the 
        Chairperson of the Commission, the head of the agency shall 
        provide the information to the Commission.
    (c) Establishment of Subcommittees.--
            (1) In general.--The Commission may establish 1 or more 
        subcommittees to provide staff support and otherwise assist in 
        carrying out the responsibilities of the Commission.
            (2) Political affiliation of subcommittee members.--Members 
        of a subcommittee shall be appointed so that not more than \1/
        2\ of the members of the subcommittee are members of any 1 
        political party.
    (d) Establishment of Multidisciplinary Science, Economic, and 
Technical Advisory Panel.--
            (1) In general.--To assist the Commission in carrying out 
        the duties of the Commission under this Act, the Commission may 
        establish a multidisciplinary science, economic, and technical 
        advisory panel (referred to in this Act as the ``Advisory 
        Panel'').
            (2) Composition of advisory panel.--The Advisory Panel 
        shall be composed of individuals appointed by the Commission, 
        each of whom shall have expertise in--
                    (A) biological science;
                    (B) marine science;
                    (C) atmospheric science;
                    (D) environmental toxicology;
                    (E) epidemiology;
                    (F) biogeochemistry;
                    (G) energy and water security;
                    (H) renewable energy;
                    (I) social science; or
                    (J) economics.
            (3) Appointment.--The members of the Advisory Panel shall 
        be appointed by a majority vote of all members of the 
        Commission.
            (4) Use of best available data.--The Advisory Panel shall 
        ensure that the scientific information considered by the 
        Commission is based on the best available data.
    (e) Contracts.--The Commission may make or enter into contracts, 
leases, or other legal agreements to carry out this Act.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
agencies of the Federal Government.
    (g) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Commission who 
        is not an officer or employee of the Federal Government shall 
        be compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 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) Federal employees.--A member of the Commission who is 
        an officer or employee of the Federal Government shall serve 
        without compensation in addition to the compensation received 
        for the services of the member as an officer or employee of the 
        Federal Government.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairperson of the Commission may, 
        without regard to the civil service laws (including 
        regulations), appoint and terminate an Executive Director and 
        such other additional personnel as are necessary to enable the 
        Commission to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of 
        an Executive Director shall be subject to confirmation by the 
        Commission.
    (d) Experts and Consultants.--
            (1) In general.--The Commission may obtain the services of 
        experts and consultants in the private and nonprofit sectors in 
        accordance with section 3109 of title 5, United States Code.
            (2) Compensation of experts and consultants.--A consultant 
        or expert described in paragraph (1) shall be compensated at a 
        rate equal to the daily equivalent of the annual rate of basic 
        pay prescribed for level IV of the Executive Schedule under 
        section 5315 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.
    (e) Detail of Government Employees.--
            (1) Federal employees.--
                    (A) In general.--At the request of the Commission, 
                the head of any Federal agency may detail, on a 
                reimbursable or nonreimbursable basis, any of the 
                personnel of the agency to the Commission to assist the 
                Commission in carrying out the duties of the Commission 
                under this Act.
                    (B) Civil service status.--The detail of an 
                employee under subparagraph (A) shall be without 
                interruption or loss of civil service status or 
                privilege.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$8,500,000 for the period of fiscal years 2007 through 2010, to remain 
available until expended.

SEC. 8. TERMINATION OF COMMISSION.

    (a) Date of Termination.--The Commission shall terminate 30 days 
after the date on which the Commission submits the report of the 
Commission under section 4(c).
    (b) Administrative Activities Before Termination.--The Commission 
may use the 30-day period referred to in subsection (a) to--
            (1) conclude the activities of the Commission; and
            (2) provide testimony before any committee of Congress 
        concerning the report of the Commission.
    (c) Post-Commission Activities.--The members and staff of the 
Commission, the Members of Congress, and employees of Federal agencies 
are encouraged to--
            (1) continue the multi-stakeholder dialogue started by the 
        Commission in new forums and capacities; and
            (2) examine any institutional needs, including--
                    (A) the formation of a new office;
                    (B) improvements in organization;
                    (C) a network; or
                    (D) a caucus.

SEC. 9. RESPONSE OF THE PRESIDENT.

    (a) In General.--Not later than 90 days after the date of receipt 
of the report of the Commission under section 4(c), the President shall 
submit to Congress and appropriate Federal agencies a report containing 
a statement of proposals to carry out or respond to the recommendations 
of the Commission.
    (b) Availability of Report.--The report described in subsection (a) 
shall be published or otherwise made available, including (to the 
maximum extent practicable) in electronically accessible formats and 
means, such as the World Wide Web.
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