Congressional Record, Volume 142 Issue 49 (Wednesday, April 17, 1996)

[Congressional Record Volume 142, Number 49 (Wednesday, April 17, 1996)]
[Senate]
[Pages S3488-S3490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

COMBATING PROLIFERATION OF WEAPONS OF MASS DESTRUCTION ACT OF 1996

Mr. SPECTER. Mr. President, it is well known that there is an
enormous international threat posed by weapons of mass destruction.
Testimony which was recently heard by the Senate Intelligence
Committee, which I chair, disclosed that some 25 nations have weapons
of mass destruction including nuclear weapons, biological weapons, and
chemical weapons.
In testimony offered by John Deutch in 1994, when he was Deputy
Secretary of Defense, he pointed out that ``If North Koreans build the
Taepo Dong II missile, Alaska and parts of Hawaii would be potentially
at risk.'' I think it is not well known that parts of the

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United States are potentially at risk from long-range missiles.
We have seen the development of biological weapons by Saddam Hussein
which was confirmed last August by his son-in-law following his
defection. We see the building of chemical weapons by Qadhafi noted
recently by Secretary of Defense Perry with his statement that we could
not tolerate the completion of those weapons of mass destruction. We
have seen China sell missiles to Pakistan. We have seen the tremendous
tension building up on the subcontinent with both Pakistan and India
engaging in a missile race.
In the United States, Mr. President, while we have noted the enormous
problems on weapons of mass destruction, we have seen a governmental
structure which is extraordinarily complicated and really unable to
deal in a coordinated method with this tremendous problem.
This chart depicts the problems in the United States of the numerous
agencies which have jurisdiction in one way or another over weapons of
mass destruction. This chart contains boxes depicting 96 different
entities which have authority of one sort or another over this field.
We have some authority vested in the National Security Council. We
have some authority vested in the Department of Defense, some authority
vested in the Department of State, some in the Department of Justice,
some in the Department of Energy, some with the Director of Central
Intelligence, others even with the Secretary of Health and Human
Services, still further authority in the Secretary of the Treasury and
authority in the Secretary of Commerce.
This is on its face an enormously unwieldy Federal bureaucracy, and
that is our response to the problem of weapons of mass destruction. And
as shown by this chart it is obviously a bureaucracy which cannot
function efficiently.
In 1993, when I studied the Clinton health program, I asked an
assistant to make a listing of all the agencies, boards and
commissions, and my assistant made a chart instead which depicted an
enormous bureaucracy, which was influential in helping to defeat that
health care program. If a picture is worth 1,000 words, a chart may be
worth 1,000 pictures, Mr. President, and I think that this chart shows
the urgency of some reorganization of the Federal Government to deal
with this enormous problem.
The study of the congressionally mandated Commission on Roles and
Missions of the Armed Forces pointed out that ``Despite the declared
national emergency, there is no evidence that combating proliferation
receives continuous high level attention.'' The study's conclusion is
worth noting and emphasizing:
Mechanisms for effectively integrating the combating proliferation
activities of all departments and agencies are lacking. Given the
complexity of the tasks involved, the need for marshaling resources
from many agencies, and the necessarily protracted nature of these
efforts, the failure to assign clear and empowered leadership has
impeded the United States effort.
That conclusion is obvious in taking a look at the enormous
complicated bureaucracy in the United States assigned to deal with this
problem.
In looking at the solution, I have considered a number of
alternatives. One option is the creation of ``czar,'' such as the drug
czar empowered to coordinate activities against drugs in United States.
I have considered the creation of a high-level position on the National
Security Council staff. I have considered the option of having a second
Deputy Secretary of Defense. I have also considered the option of a new
Assistant Secretary of Defense [ASD], like the ASD for special
operations and low-intensity conflict created in the late 1980's as a
result of legislation introduced by Senator Cohen and Senator Nunn.
I have decided instead that this matter ought to be studied by a high
level special commission like the Aspin-Brown Commission, which
recently filed a comprehensive report to reorganize the U.S.
intelligence community. This is a matter which can be most effectively
dealt with by experts on a commission. Rather than the introduction of
legislation and the holding of hearings, the commission would have a
much broader purview and that is the legislation which I am introducing
today.
Mr. President, I ask unanimous consent that my legislation, together
with a chart depicting this complicated bureaucracy which now seeks to
deal with this problem of great national and international importance,
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1681

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 ``Combatting Proliferation of
Weapons of Mass Destruction Act of 1996''.
TITLE I--ASSESSMENT OF PROGRAMS AND POLICIES FOR COMBATTING
PROLIFERATION

SEC. 101. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--There is established a commission to be
known as the Commission on Programs and Policies for
Combatting the Proliferation of Weapons of Mass Destruction
(hereafter in this Act referred to as the ``Commission'').
(b) Membership.--The Commission shall be composed of 12
members of whom--
(1) 6 shall be appointed by the President;
(2) 3 shall be appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the
Senate; and
(3) 3 shall be appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life 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) Initial Meeting.--No later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting.
(e) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(f) Chairman and Vice Chairman.--The Commission shall
select a Chairman and Vice Chairman from among its members.
(g) Meetings.--The Commission shall meet at the call of the
Chairman.

SEC. 102. DUTIES OF COMMISSION.

(a) Study.--
(1) In general.--The Commission shall carry out a thorough
study of the organization, policies, and programs of the U.S.
Government related to combatting the proliferation of weapons
of mass destruction.
(2) Specific requirements.--In carrying out the study, the
Commission shall--
(A) assess the effectiveness of the policies and programs
of all departments and agencies of the Federal Government
including the intelligence community meeting the national
security interests of the United States with respect to the
proliferation of such weapons; and
(B) assess the current structure and organization of all
Federal agencies and the cooperation between elements of the
intelligence community and the intelligence-gathering
services of foreign governments in addressing issues relating
to the proliferation of such weapons.
(b) Recommendations.--In conducting the study, the
Commission shall develop recommendations on means of
improving the effectiveness of the organization, policies,
programs of the intelligence community, and the programs and
policies of the other departments and agencies of the Federal
Government, in meeting the national security interests of the
United States with respect to the proliferation of weapons of
mass destruction.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to
Congress a report containing a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for such legislation and administrative
actions as it considers appropriate.

SEC. 103. POWERS OF COMMISSION.

(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the purposes of this title.
(b) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out the provisions of this title. Upon request of the
Chairman of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.

SEC. 104. COMMISSION PERSONNEL MATTERS.

(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government

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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 such member is engaged in the performance of the duties
of the Commission. 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.--The members 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) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive 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 for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(e) 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
prescribed for level V of the Executive Schedule under
section 5316 of such title.

SEC. 105. TERMINATION OF COMMISSION.

The Commission shall terminate 60 days after the date on
which the Commission submits its report under section 102(c).

SEC. 106. DEFINITION.

For purposes of this title, the term ``intelligence
community'' shall have the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated
for the Commission for fiscal year 1996 such sums as may be
necessary for the Commission to carry out its duties under
this title.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall
remain available until the termination of the Commission
under section 105.
TITLE II--OTHER MATTERS

SEC. 201. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO
WEAPONS OF MASS DESTRUCTION AND ADVANCED
CONVENTIONAL MUNITIONS.

(a) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the
Director of Central Intelligence shall submit to Congress a
report on--
(1) the acquisition by foreign countries during the
preceding 6 months of dual-use and other technology useful
for the development or production of weapons of mass
destruction (including nuclear weapons, chemical weapons, and
biological weapons) and advanced conventional munitions; and
(2) trends in the acquisition of such technology by such
countries.
(b) Form of Reports.--The reports submitted under
subsection (a) shall be submitted in unclassified form, but
may include a classified annex.

[The chart referred to by Senator Specter was not reproducible in the
Record.]

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