[Congressional Record Volume 147, Number 161 (Tuesday, November 27, 2001)]
[Senate]
[Pages S12056-S12058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

               By Mr. BIDEN (for himself and Mr. Lugar):

  S. 1735. A bill to establish a National Commission on Threats to the 
Homeland and United States National Security; to the Committee on Armed 
Services.
  Mr. BIDEN. Madam President, today I am pleased to join Senator Lugar  
in introducing legislation to create the National Commission on Threats 
to the Homeland and United States National Security.
  Two months ago, in barbaric attacks in New York and Washington that 
we will never forget, the world changed before our eyes. In an instant, 
the fight against terrorism became our top national security priority. 
That new reality requires us to undertake a thorough review of our 
national security priorities. That effort is underway across the 
executive branch and in several committees of Congress. President Bush 
acted decisively to create the Office of Homeland Security and in 
naming Governor Ridge to be its head. Congress acted quickly to tighten 
aviation security and to give federal law enforcement new tools to 
counter terrorism.
  These measures are just initial steps in what will surely be a major 
reorientation of the ship of state. As we begin to reorient our 
government, I believe we must engage in a thorough assessment of the 
range of threats that we face and the priorities which we should accord 
such threats in our national security strategy.
  Terrorism is undoubtedly the major threat to the United States. In 
that regard, we must have a full understanding of the types of 
terrorist threats we face and of their relative probability. This week, 
the continuous reports of anthrax being discovered in various parts of 
the country, including here in the Senate, have focused the country on 
the threat of bioterrorism.
  Unfortunately, this is not the only threat we face. Terrorists proved 
their deadly ability to turn airplanes into weapons of mass 
destruction. They have used truck and car bombs in the past. And we 
know that terrorist organizations are seeking materials necessary for 
the production of chemical or nuclear weapons. What we need to know is 
the priority we should accord those threats. That is the purpose of 
this proposed commission.
  There are, to be sure, other threats that remain to our territory and 
to our national security interests. Russian weapons of mass destruction 
stockpiles and expertise pose the risk of accidental war or of 
proliferation to rogue states and terrorist groups. Ballistic missiles 
in developing countries can threaten U.S. forces overseas and could 
someday threaten our homeland. And international narcotics trafficking 
continues to threaten many countries, including ours. Terrorism is not 
the only threat. But after September 11 it is clearly the preeminent 
threat.
  The proposed National Commission on Threats to the Homeland and 
United States National Security will not seek to reinvent the wheel. 
Rather, it would build on the work of several recent blue-ribbon 
commissions which have assessed various threats, both collectively and 
individually, to U.S. national security.
  In seeking the creation of this new commission, neither Senator Lugar 
 nor I wish to discredit this earlier work and the ideas that flowed 
from it. Instead, we seek to use that work as a foundation in 
constructing a comprehensive threat assessment and a resulting U.S. 
national security strategy. It is therefore instructive to quickly 
review the major findings of some of these earlier commissions and 
hearings.
  Perhaps the best-known is the U.S. Commission on National Security/
21st

[[Page S12057]]

Century, better known as the Hart-Rudman Commission after its two 
cochairs, former Senators Gary Hart and Warren Rudman. In its final 
report, issued in 2001, the Hart-Rudman Commission offered a chilling 
prediction borne out only months later: ``States, terrorists, and other 
disaffected groups will acquire weapons of mass destruction and mass 
disruption, and some will use them. Americans will likely die on 
American soil, possibly in large numbers.'' The Hart-Rudman Commission 
urged making the security of the American homeland the primary national 
security mission of the U.S. government and called for the creation of 
a National Homeland Security Agency to coordinate these efforts.
  Two commissions have focused on the specific threat of international 
terrorism and dealing with the consequences of a terrorist attack with 
a weapon of mass destruction, WMD.
  The National Commission on Terrorism, chaired by Ambassador L. Paul 
Bremer, recommended a series of measures to expand the authorities of 
U.S. intelligence and law enforcement, steps now under consideration in 
the anti-terrorism legislation before Congress. It also urged the 
United States to use all the instruments at its disposal, diplomatic, 
financial, economic, and military, in targeting states that sponsor 
international terrorism.
  The Advisory Panel to Assess Domestic Response Capabilities for 
Terrorism Involving Weapons of Mass Destruction, better known as the 
Gilmore Commission after its chair, Virginia Governor James Gilmore, 
focused on the need to develop a national strategy of domestic 
preparedness to respond to any act of WMD terrorism. This commission 
also called for the creation of a central office within the White House 
to coordinate federal efforts, which closely resembles what President 
Bush has decided to do in appointing Governor Ridge to a new ``homeland 
czar'' position.
  The Russia Task Force of the Secretary of Energy's Advisory Board, 
better known as ``the Baker-Cutler Task Force'' after its co-chairs, 
former Senator Howard Baker and former White House Counsel Lloyd 
Cutler, looked at the particular threat posed by unsecured nuclear 
weapons and fissile material in the former Soviet Union. This task 
force declared the deteriorating situation as ``the most urgent unmet 
national security threat facing the United States today'' and called 
for spending approximately $30 billion over the next 8 to 10 years to 
adequately secure these weapons and related materials.
  Finally, with the emergence of several anthrax cases in several 
locations in the United States, the threat has become all too real. The 
Committee on Foreign Relations held a hearing on this subject the week 
before the September 11 attacks. Former Senator Sam Nunn, now heading 
the Nuclear Threat Initiative, Dr. D.A. Henderson, the architect of the 
international campaign to eradicate smallpox in the 1970s, and other 
experts testified on the nature of the threat and what we can do in 
response. As they made clear, a mass destruction bioterrorism attack is 
a low-probability event with high consequences. The right answer is not 
panic, but rather the foresight to implement a set of commonsense 
measures to strengthen our public health system, including our 
emergency care capabilities and our vaccine stockpiles, to handle a 
bioterrorist attack if and when it occurs.
  The Commission that we envision would, I repeat, build on the fine 
work done by the foregoing panels. It would assess the current threat, 
in light of the attacks on September 11, and in light of the 
assessments and analyses performed by government agencies and the 
panels I have just discussed. The commission would be a small group, 
just six distinguished Americans with experience at the highest levels 
of national security, law enforcement, and public safety. It is my hope 
that the commissioners chosen for this task would include former 
cabinet secretaries, and even former Presidents.
  The bill we introduce requires two reports, an interim report to be 
produced within 180 days of enactment of the legislation and a final 
report to be produced by September 11, 2002, one year after the attacks 
on our country. The reports should provide a roadmap for our national 
security strategy, what the major threats are, the likelihood such 
threats will result in attacks on the United States, the potential 
damage to the United States or U.S. interests, and the current U.S. 
capabilities to counter and respond to such threats. From this 
assessment we can build a national security strategy for the coming 
decades.
  I appreciate the support and assistance of the Senator from Indiana 
in developing this legislation. I urge my colleagues to support it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection,the bill was ordered to be printed in the 
Record, as follows:

                                S. 1735

       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 it 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.

[[Page S12058]]

     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.

       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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